Generic Top Level Domain Name (gTLD) Decisions

The Complainant is Wellness International Network, Ltd. , Plano, TX, USA ("Complainant") represented by Dana M. Campbell, Owens, Clary & Aiken, L.L.P. The Respondent is Gail Dunlop, Trabuco Canyon, CA, USA ("Respondent").

The domain name at issue is "biolean.com", registered with Network Solutions, Inc.

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

John A. Bender, Jr. is the sole Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("the Forum") electronically on December 4, 2000; The Forum received a hard copy of the Complaint on November 27, 2000.

On December 8, 2000, Network Solutions, Inc. confirmed by e-mail to The Forum that the domain name "biolean.com" is registered with Network Solutions, Inc. and that the Respondent is the current registrant of the name. Network Solutions, Inc. has verified that Respondent is bound by the Network Solutions, Inc. 5.0 registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the "Policy").

On December 13, 2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of January 2, 2001 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts, and to postmaster@biolean.com by e-mail.

On January 11, 2001, pursuant to Complainant’s request to have the dispute decided by a One Member panel, the Forum appointed John A. Bender as the sole Panelist.

The Complainant requests that the domain name be transferred from the Respondent to the Complainant. Respondent seeks similar relief but seeks a delay in this proceeding.

A. Complainant

Complainant asserts that the Respondent has acquired the domain name in contravention of Complainant’s intellectual property. Complainant asserts the name is virtually identical to its registered mark; that Respondent has used the domain name illegitimarely; and that Respondent is in bad faith in withholding the name.

B. Respondent

Respondent does not seriously disagree with Complainant, and disavows the domain name’s use for any purpose. She blames continued domain name registration and subsequent use on others, while acknowledging her offer to transfer registration to Complainant. She does not oppose transferring the domain name to Complainant. (See first four sentences of Respondent’s reply).

Complainant is entitled to the relief sought.

Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."

Paragraph 4(a) of the Policy requires that the 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.

The domain name is nearly identical to Complainant’s registered marks.

Respondent has no right or legitimate interests in the name and she disavows the name.

Respondent registered, without permission or actual knowledge of Complainant, the domain name. Continued use would be in bad faith. Respondent consents to transfer the domain name.

Complainant is entitled to the relief sought. The Domain Name shall be transferred to Complainant.