Generic Top Level Domain Name (gTLD) Decisions

The Complainant is Hartford Fire Insurance Company, Hartford, CT, USA ("Complainant"). The Respondent is Webdeal.com, Inc., Merrick, NY, USA ("Respondent").

The domain names at issue are "THEHARTFORDFUNDS.COM" and "HARTFORDFUNDS.COM", registered with Network Solutions Inc ("NSI").

The Panelist certifies that she has acted independently and impartially and to the best of her knowledge, has no known conflict in serving as the panelist in this proceeding.

Honorable Carolyn Marks Johnson sits as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on 07/10/2000; The Forum received a hard copy of the Complaint on 07/10/2000.

On 07/11/2000, NSI confirmed by e-mail to The Forum that the domain names "THEHARTFORDFUNDS.COM" and "HARTFORDFUNDS.COM" are registered with NSI and that the Respondent is the current registrant of the name. NSI has verified that Respondent is bound by the Network Solutions Service Agreement Version 4.0 and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANNís UDRP.

On 07/25/2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of 08/14/2000 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, and to all entities and persons listed on Respondentís registration as technical, administrative and billing contacts by e-mail. It was also emailed to postmaster@thehartfordfunds.com and postmaster@hartfordfunds.com.

On 08/16/2000, having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, The Forum transmitted to the parties a Notification of Respondent Default.

On 08/17/2000, pursuant to Complainantís request to have the dispute decided by a Single Member panel, The Forum appointed Honorable Carolyn Marks Johnson as Panelist.

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that The Forum has discharged its responsibility under Paragraph 2(a) of the Uniform Rules "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its Decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, The Forumís Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any Response from the Respondent.

Complainant requests that the domain names be transferred from Respondent to Complainant.

A. Complainant

B. Respondent

The Respondent submitted no response in this UDRP matter.

ICANN Uniform Rule 14(b) provides that, absent exceptional circumstances, the Panel shall draw inferences, as it deems appropriate, from the failure of a party to comply with a provision or requirement of the Uniform Rules. As a result, all reasonable inferences asserted in the Complaint will be deemed true.

The Complainant is a provider of insurance underwriting and investment and fund management services. As early as 1971, the Complainant adopted and began using the mark THE HARTFORD for insurance underwriting services. In 1992, Complainant adopted and used the mark HARTFORD in connection with its fund investment and financial planning services. Complainant owns many U.S. trademark registrations incorporating HARTFORD (No. 1,798,149 ń registered 10/12/1993) and THE HARTFORD (No. 2,136,022 ń registered 2/10/1998; No. 1,203,525 ń registered 08/10/1982). Complainant also owns the U.S. trademark registrations for the marks HARTFORD ADVISERS FUND (No. 2,147,953), THINK MUTUAL FUNDS THINK HARTFORD (No. 2,276,197), and HARTFORD HLS MUTUAL FUNDS (No. 2,346,784).

Respondent registered the domain names in question on April 11, 2000. Respondent has not made use of the websites that correspond with the domain names in question.

Respondent also has registered other domain names that infringe upon othersí trademark registrations, including <johnhancockfunds.com>, <smithbarneyfunds.com>, <painewebberfunds.com>, and <toysareus.com>.

Complainant attempted to notify Respondent of its rights in the HARTFORD marks on January 20, 2000. Respondent did not respond to Complainantís communication attempts.

Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy ("Policy") requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:

(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;

(2) the Respondent has no rights or legitimate interests in respect of the domain name; and

(3) the domain name has been registered and is being used in bad faith.

Complainant has rights in the registered marks containing the terms HARTFORD and THE HARTFORD. Respondentís domain names are confusingly similar to Complainantís marks. Respondent added the letter "s" to the end of Complainantís marks. This does not create a new and distinct term that can be considered separate from the Complainantís marks. The Panel concludes that the domain names in question are confusingly similar to the Complainantís mark. See Nintendo of America, Inc. v. Lizmi, FA 94329 (Nat. Arb. Forum Apr. 20, 2000) (finding that the addition of the letter "s" to the Complainantís mark is confusingly similar).

Policy  4.c. offers circumstances that demonstrate rights or legitimate interests to a domain name for purposes of Policy  4.a.(ii). Complainant submits that Respondent has no rights or legitimate interests in the domain names in question. Respondent has not denied this contention.

Respondent is not commonly known by Complainantís marks. Policy  4.c.(ii).

Respondent has not used the domain names in connection with a bona fide offering of goods and services or for a legitimate noncommercial or fair use. Policy  4.c.(i), (iii).

Based on the above and Respondentís failure to submit evidence to suggest otherwise, the Panel concludes that Respondent has no rights or legitimate interests in the domain name in question. See Geocities v. Geociites.com, D2000-0326 (WIPO June 19, 2000) (finding that Respondent has no rights or legitimate interest in the domain name because the Respondent never submitted a response nor provided the panel with evidence to suggest otherwise).

Complainant asserts that Respondent registered and used the domain names in bad faith. Respondent has not denied this assertion.

Policy  4.b.(ii) states that "You have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding name, provided that you have engaged in a pattern of such conduct." This is evidence of registration and use in bad faith. Policy  4.b.(ii).

Respondent has registered multiple domain names that infringe upon othersí trademark rights, in order to prevent the Complainant and other mark holders from reflecting their marks in corresponding domain names. Policy  4.b.(ii). See BIC Deutschland GmbH & Co. KG v. Tweed, D2000-0418 (WIPO June 20, 2000) (finding that the Respondent violated  4.b.(ii), as revealed by the number of other domain name registrations incorporating othersí trademarks and the fact that the domain names in question do not link to any on-line presence or website).

The Panel concludes that the Respondent registered and used the domain names in question in bad faith.

Having established all three elements required by the ICANN Policy Rule 4(a), it is the decision of the Panel that the requested relief be granted.

Accordingly, for all of the foregoing reasons, it is ordered that the domain names, "THEHARTFORDFUNDS.COM" and "HARTFORDFUNDS.COM", be transferred from Respondent to Complainant.

Honorable Carolyn Marks Johnson