Generic Top Level Domain Name (gTLD) Decisions

Complainant is CompUSA Management Company, Dallas, TX, USA ("Complainant"). Respondent is World Wide Web Comp USA, Inc., Tehran, Tehran, IR ("Respondent") represented by Siavash Behain, of Johuathan Investments.

The domain name at issue is "wwwcompusa.com" registered with Bulkregister.com.

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

Honorable Carolyn Marks Johnson sits as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum (the "Forum") electronically on November 27, 2000; the Forum received a hard copy of the Complaint on December 8, 2000.

On December 12, 2000, Bulkregister.com confirmed by e-mail to the Forum that the domain name "wwwcompusa.com" is registered with Bulkregister.com and that Respondent is the current registrant of the name. Bulkregister.com has verified that Respondent is bound by the Bulkregister.com 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 22, 2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of January 11, 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@wwwcompusa.com by e-mail.

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 January 15, 2001, pursuant to Complainant’s request to have the dispute decided by a One 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 Rules for Uniform Domain Name Dispute Resolution Policy (the "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 Forum’s Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any Response from Respondent.

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

Complainant owns a family of trademarks and service marks, including, but not limited to, CompUSA. Complainant first used the mark CompUSA in 1983 and registered it in 1985.

Complainant wrote a cease and desist letter to Respondent on December 15, 1999 and, although Respondent failed to respond in writing, the wwwcompusa.com domain no longer directed Internet users to other websites and resulted in a "Page Not Found" screen to the users. Sometime later, probably in mid-2000, Respondent began using the domain name to direct Internet traffic to PointCom.com, a California-based company, whose website contains a list of various websites, including a number of gambling websites.

Complainant believes the domain name has been registered and is being used in bad faith and that Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent’s website or other on-line locations, by creating a likelihood of confusion with Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Respondent’s website or location or the product or service on websites or location. Respondent does not operate a website wwwcompusa.com; Respondent only redirects Internet users to other sites.

B. Respondent has not submitted a response in this matter.

The Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") state the following with regard to default cases:

In this case, Respondent has not submitted a response, and therefore this Panelist may infer, for the purposes of this decision, that the averments in the complaint are true. See Talk City, Inc. v. Robertson, D2000-0009, (WIPO Feb. 29, 2000) ("In the absence of a response, it is appropriate to accept as true all allegations of the Complaint").

Based on the investigation, the Panel also notes that Respondent registered the domain name on September 24, 1998.

Paragraph 15(a) of 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."

In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules.

Paragraph 4(a) of the 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 to or confusingly similar to a trademark or service mark in which the Complainant has rights;

(2) 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 Panel finds that the domain name wwwcompusa.com, which consists solely of the common Internet term www and Complainant’s mark, CompUSA, is identical to or confusingly similar to Complainant’s mark. See Bank of American Corp. v. InterMos, FA 95092 (Nat. Arb. Forum Aug. 1, 2000) (finding that Respondent’s domain name <wwwbankofamerica.com> is confusingly similar to Complainant’s registered trademark "Bank of America" because it takes advantage of a typing error that users commonly make when searching on the Internet, i.e., eliminating the period between the www and the domain name).

The mark CompUSA was first used in commerce by Complainant in 1983 and registered in 1985, long before the registration of the domain name. Respondent has produced no evidence to show that Respondent has any rights to or legitimate interest in the domain name in issue. Respondent used the domain name to create the website, which was linked to his own website and another on-line location with links to a number of pornographic and gambling websites. Respondent has not made a use of the domain name that is a legitimate use in connection with a bona fide offering of goods or services under Policy ¶ 4 (c)(i), nor a legitimate noncommercial or fair use under Policy ¶ 4 (c)(iii). See National Football League Properties, Inc. v. One Sex Entertainment Co., a/k/a chargergirls.net, D2000-0118 (WIPO Apr. 17, 2000) (finding that the Respondent has no rights or legitimate interests in the domain names "chargergirls.com" and "chargergirls.net" where the Respondent linked these domain names to its pornographic website); Computer Doctor Franchise Systems, Inc. v. The Computer Doctor, FA 95396 (Nat. Arb. Forum Sept. 8, 2000) (finding that the Respondent’s website, which is blank but for links to other websites, is not a legitimate use of the domain names).

Moreover, Respondent is not commonly known by the domain name. Policy ¶ 4 (c)(ii). See Charles Jourdan Holding AG v. AAIM, D2000-0403 (WIPO June 27, 2000) (finding no rights or legitimate interests where (1) Respondent is not a licensee of Complainant; (2) Complainant’s prior rights in the domain name precede Respondent’s registration; and (3) Respondent is not commonly known by the domain name in question).

Accordingly, the Panel finds that Complainant established rights in the mark used to create the domain name in this dispute and that Respondent has no rights or legitimate interest in the domain name.

Respondent used the domain name to attract Internet users to its own website and another on-line location with links to several pornographic and gambling websites, for commercial gain, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Respondent’s web sites. This fact is some evidence demonstrating Respondent’s registration and use of the domain name in bad faith. Policy ¶ 4 (b)(iv). See Ty, Inc. v. O.Z. Names, D2000-0370 (WIPO June 27, 2000) (finding that absent contrary evidence, linking the domain names in question to graphic, adult-oriented websites is evidence of bad faith); Encyclopaedia Britannica Inc. v Shedon.com, D2000-0753 (WIPO Sept. 6, 2000) (finding that the Respondent violated Policy ¶ 4(b)(iv) by using the domain name <britannnica.com> to hyperlink to a gambling site).

Accordingly, the Panel finds that Respondent registered and used the domain name in issue 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 should be and is hereby Ordered granted.

Accordingly, for all of the foregoing reasons, it is ordered that the domain name, "wwwcompusa.com" be transferred from Respondent to Complainant.