Generic Top Level Domain Name (gTLD) Decisions

The Complainant is Bloomberg L.P., New York, NY, USA ("Complainant"). The Respondent is http://esex.org, Kwangju, Chonnam, Korea ("Respondent").

The domain name at issue is <bloomberger.com> registered with iHoldings.com, 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.

Judge Harold Kalina (Ret.) as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum (the "Forum") electronically on February 8, 2001; the Forum received a hard copy of the Complaint on February 6, 2001.

On February 9, 2001, iHoldings.com, Inc. confirmed by e-mail to the Forum that the domain name <bloomberger.com> is registered with iHoldings.com, Inc. and that the Respondent is the current registrant of the name. iHoldings.com, Inc. has verified that Respondent is bound by the iHoldings.com, Inc. 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 February 14, 2001, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of March 6, 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@bloomberger.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 March 14, 2001, pursuant to Complainant’s request to have the dispute decided by a one member Panel, the Forum appointed Judge Harold Kalina (Ret.) 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.

A. Complainant

B. Respondent

Respondent did not put forward a reply in this proceeding.

Since 1983, Complainant has become one of the largest providers worldwide of financial news and information and related goods and services.

Complainant registered the trademark and service mark BLOOMBERG, March 18, 1997, on the Principal Register of the United States Patent and Trademark Office as Registration No. 2,045,947.

In addition, Complainant has obtained registrations for marks containing the word BLOOMBERG in over seventy-five (75) countries around the world. Complainant has used its registered mark in connection with products and services such as: computers, computer products, publications, financial services, radio and television broadcasting, entertainment services, and news reporting services. Complainant has invested substantial resources promoting its mark and has created significant goodwill and widespread consumer recognition.

September 29, 1993; <bloomberg.net> registered March 8, 1997; and <bloomberg.org> registered December 14, 1999. <Bloomberg.com> has been in continuous use by Complainant since its registration in 1993. <Bloomberg.co.kr> was registered on April 2, 1999.

Respondent registered <bloomberger.com>, on December 19, 2000.

Respondent redirects the <bloomberger.com> domain name to a web site known as <kwikmed.com>. The <kwikmed.com> web site sells various prescription drugs, including Viagra, Xenical, Celebrex, and Propecia, etc.

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 the 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 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 <bloomberger.com> is confusingly similar to Complainant's mark, BLOOMBERG.

The domain name incorporates the famous BLOOMBERG mark in an attempt to garner the mark’s goodwill and recognition. See Kelson Physician Partners, Inc. v. Mason, CPR003 (CPR) (finding that "kelsonmd.com" is identical or confusingly similar to Complainant’s federally registered service mark, "Kelson").

The addition of the letters "er" fails to take away the distinguishing and recognition of the Complainant's famous mark. See Yahoo! Inc. v. Zviely, D2000-0273 (WIPO June 14, 2000) (finding confusing similarity between complainant's YAHOO! mark and 37 domain names incorporating the YAHOO! mark or a variant thereof).

Respondent’s use of <bloomberger.com> to attract users to another site not a legitimate use of a domain name. Respondent was not making a legitimate noncommercial or fair use of the domain name under Policy 4(c)(iii). Nor is such use a bona fide offering of goods or services under Policy 4(c)(i). See America Online Inc. v. Tencent Communications Corp., FA 93668 (Nat. Arb. Forum Mar. 21, 2000) (finding that use of Complainant’s mark "as a portal to suck surfers into a site sponsored by Respondent hardly seems legitimate"); see also MSNBC Cable, LLC v. Tysys.com, D2000-1204 (WIPO Dec. 8, 2000) (finding no rights or legitimate interests in the famous MSNBC mark where Respondent attempted to profit using the Complainant’s mark by redirecting Internet traffic to its own website).

The Respondent has not offered any evidence that it is commonly known by the "bloomberger" phrase under Policy 4(c)(ii). See Pavillion Agency, Inc. v. Greenhouse Agency Ltd., D2000-1221 (WIPO Dec. 4, 2000) (finding that "Respondents’ failure to respond can be construed as an admission that they have no legitimate interest in the Domain Names").

Respondent has shown bad faith under Policy 4(b)(iv). The Respondent utilized a domain name confusingly similar to the Complainant’s mark that may cause confusion as to the source or affiliation of the site. See Drs. Foster & Smith, Inc. v Jaspreet Lalli, FA 95284 (Nat. Arb. Forum Aug. 21, 2000) (finding bad faith where the Respondent directed Internet users seeking the Complainant’s site to its website for commercial gain); see also AltaVista v. Krotov, D2000-1091 (WIPO Oct. 25, 2000) (finding bad faith under Policy ¶ 4(b)(iv) where the Respondent linked the domain name to a website that offers a number of web services).

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 name <bloomberger.com> be transferred from the Respondent to the Complainant.