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Generic Top Level Domain Name (gTLD) Decisions |
Ron Dawson Inc v. Dennis Grady
Claim Number: FA0201000103927
PARTIES
The
Complainant is Ron Dawson Inc. of
Dallas, Texas (“Complainant”)
represented by Ron Dawson, Jr. The Respondent is Dennis Grady, 1 Pineview, Danbury, CT (“Respondent”).
REGISTRAR AND DISPUTED DOMAIN NAME
The
domain name at issue is <pestsupply.com>,
registered with Network Solutions, Inc.
PANEL
The
undersigned certifies that he has acted independently and impartially and to
the best of his knowledge, has no known conflict
in serving as Panelist in this
proceeding.
Edward
C. Chiasson, Q.C. as Panelist.
PROCEDURAL HISTORY
The
Complainant submitted a Complaint to the National Arbitration Forum (“the
Forum”) electronically on January 18, 2002; the Forum
received a hard copy of
the Complaint on January 22, 2002.
On
January 23, 2002, Network Solutions, Inc. confirmed by e-mail to the Forum that
the domain name <pestsupply.com>
is registered with Network Solutions, Inc. and that the Respondent is the
current registrant of the name. Network
Solutions, Inc. has verified that the Respondent is bound by the Network
Solutions, 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
January 24, 2002, a Notification of Complaint and Commencement of
Administrative Proceeding (the “Commencement Notification”),
setting a deadline
of February 13, 2002 by which the Respondent could file a Response to the
Complaint, was transmitted to the Respondent
via e-mail, post and fax, to all
entities and persons listed on the Respondent’s registration as technical,
administrative and billing
contacts, and to postmaster@pestsupply.com by
e-mail.
A
timely Response was received and determined to be complete on February 13, 2002.
Subsequently,
the Complainant delivered a Letter of Rebuttal to which the Respondent replied
in a document dated February 20, 2002.
On February 25, 2002, pursuant to Complainant’s request
to have the dispute decided by a single-member
Panel, the Forum appointed Edward C.
Chiasson, Q.C. as Panelist.
RELIEF SOUGHT
The
Complainant requests that the domain name be transferred from the Respondent to
the Complainant.
PARTIES’ CONTENTIONS
A. Complainant
The subject domain name was coined and planned for use by
the Complainant for its pest control supply business since December of 1998.
The term PestSupply has been used by the Complainant since 1997. The subject
domain name has been used and promoted extensively by
the Complainant for its
Internet and website related businesses since January of 1999. The subject domain name is not a finalized
National registration (pending) of the Complainant, but on December 21, 1999
the Complainant
registered the subject domain name with the Dallas County
Records Division of Dallas County – Dallas, Texas , as an "assumed
name" under which it planned to carry on business.
The Complainant also owns similar domain names to protect
its interest in PestSupply. Some of those names are: <Pestsupply.net>,
<Pestsupply.org>, <Pestsupply.biz> and <Pestsupply.ws>.
Various other names have been derived from PestSupply such
as: <epestsupply.com>, <apestsupply.com> and
<ipestsupply.com>.
Ron
Dawson Jr., acting as authorized agent for the Complainant and acting as
webmaster and webdesigner for its pest control supply
division, began work with
web2010.com
in 1998 working on miscellaneous websites.
Ron Dawson Jr’s involvement with these other websites required numerous
telephone calls to web2010.com asking about setting-up a new
website using the
subject domain name. Ron Dawson Jr. is not sure of the names of the persons he
contacted at web2010.com,
but only that these persons identified themselves as “sales agents”. Numerous telephone calls were made between
January and March of 1999 concerning planning and technical aspects of setting
up the subject
domain name website on the Internet as an e-commerce enabled
website.
On
March 25, 1999, Ron Dawson Jr. contacted web2010.com to set-up a new website to
use the subject domain name. The
agreement involved registering the subject domain name, establishment of the
website and installation of a shopping cart so that
e-commerce transactions
could take placed over the website.
Web2010.com notified Ron Dawson Jr. by email on March 29, 1999 that the
subject domain name website was registered and set-up and
ready for
business. Ron Dawson Jr. then
contracted an Internet shopping cart installer doing business as PSDM.com. On March 29, 1999 PSDM contacted Ron Dawson
Jr. by email and confirmed that the shopping cart program had been installed
and was ready
for products to be added to it.
Ron
Dawson Jr. began work and over the next eight months endeavored to build the
subject domain name website. As noted,
the subject domain name website was registered with the Dallas County Records
division in December of 1999 and a bank account
opened in December of 1999 to
allow Internet deposits from sales to be wired into it.
On
April 14 2001, Network Solutions (Verisign Registrar) put the subject domain
name on hold for non-renewal and non-payment.
Ron Dawson Jr. called Network Solutions and it was discovered that the
Respondent, who was believed to have been acting as an agent
for the
Complainant either through Web2010.com, Network Solutions, or PSDM, listed
himself as the Registrant and billing contact
for the subject domain name.
The
Respondent did not renew the subject domain name, which lead to the shutdown of
the subject domain name website for four days.
Ron Dawson Jr. upon discovering this fact, paid the $35.00 renewal fee
by credit card by telephone and upon advice from Network Solutions
sent the
Respondent a request for a Name Change Agreement. The Respondent did not
reply to the request for a domain name change agreement or to subsequent
emails or mailings of the domain name change agreement.
On
November 14, 2001, the subject domain name again was put on hold by Network
Solutions for non-payment and non-renewal although
the listed date for
expiration was February 10, 2002. Ron Dawson Jr. again called Network Solutions
and paid by credit card the $35.00
to renew the domain name. The Respondent again failed to renew the
subject domain name or to contact anyone concerning the renewal which lead to
another four
day shutdown of the website.
Ron Dawson Jr. again emailed the Respondent about the domain name change
agreement and threatened legal action if the domain name
were not transferred
to the Complainant
On
December 19, 2001, thirty days after Ron Dawson Jr’s renewal of the subject
domain name, the Respondent acting on his own and without
the authorization of
the Complainant or Ron Dawson Jr. changed the DNS information on the subject
domain name record to reflect a
different server – that of NS1.QUIK.NET. The previous DNS server was of Web2010.com –
NS.WEB2010.COM.
This
change of DNS information by the Respondent resulted in a complete shutdown of
the Complainant’s subject domain name Internet
business. All of the subject domain name Internet
links were diverted to the Respondent’s NS1.QUIK.NET server resulting in click
through fees
to the Complainant. This
diversion occurred during the busy Christmas holiday rush. The Complainant incurred a loss of tens of
thousands of dollars in sales and click through costs as a result of the
Respondent’s actions.
The
Complainant belies that the Respondent has intercepted email and is potentially
getting orders that contain valuable customer
information including credit card
numbers. The subject domain name
order-log file for Internet placed orders was stolen in March of 2000 and
approximately 100 subject domain
name Internet customers’ credit card and other
personal information was spread through email around the world. This was
reported
to the FBI in March of 2000.
On
December 26, 2001, the Respondent mailed to Ron Dawson Jr., a demand letter for
$60,000.00 in order to restore the DNS information
and to point the DNS back to
the NS.WEB2010.COM server. Ron Dawson
Jr. then contacted lawyers and a letter was mailed to the Respondent demanding
that he sign the domain name change agreement
within three days of his receipt
of the letter. The Respondent did not
reply.
The
subject domain name website has local Dallas, Texas area, national (USA) as
well as international clients. The Complainant has
a 3000 sq. ft. brick and
mortar store, storage and distribution facilities and an Internet website with
over 400 pages of content. Thousands of
dollars are spent in the Dallas, Texas area market through radio and Yellow
Pages advertisements. Thousands of
dollars have been spent advertising the subject domain name on the Internet
across the USA and around the world.
Hundreds of links on Internet search engines point to the subject domain
name website.
It
is believed that the Respondent has followed steadily the success of the
Complainant’s website and is attempting to gain monetarily
from its popularity
and success by diverting traffic that the Complainant has paid thousands of
dollars to generate.
Prior
to February 10, 1999, the Respondent did not disclose that he had registered
the subject domain name. He has not been
known by the word "pestsupply" and has made no commercial or
non-commercial use of the subject domain name.
The Respondent is diverting customers from the Complainant
and has taken control of a domain name that he twice let expire.
B.
Respondent
On
February 9, 1999, the Respondent registered and paid in full for the subject
domain name through the registry service of World
Wide Names, a no longer
existing group within the company WEB2010, which is now part of Hostcentric
Solutions.
The
Respondent did so working as an independent consultant for Parkway
Exterminating Co. Inc. ("Parkway") as a result of
an agreement made
between him and Brian Mongillo, Vice President of Parkway on January 10, 1999
to research and implement an online
spin-off of their existing brick and mortar
pest control business that has been a going concern since 1932.
An
initial launch date of February 2000 was planned. During the period from January 10, 1999 until February 1, 2000,
the Respondent acted to meet the goals set with Brian Mongillo: one,
contracted
with Owascoag Fine Art Design Company (OFADC) to design and produce an online
name and image including a logo and series
of web commerce pages; two,
contracted with OFADC to create print format representations for brochures,
business cards, invoices,
flyers and advertisements. These projects were
initiated prior to the date the Complainant claims to have launched its website
and
indicate first use in commerce of the business name “Pestsupply.com”.
On
December 10, 1999, prior to the planned launch of the web-based business, the
project was put on hold indefinitely due to a reprioritization
of business
commitments.
On
November 15, 2000 Brian Mongillo informed the Respondent that Parkway was ready
to go forward with the implementation of the planned
web site. During early December the Respondent
discovered an unauthorized handle name and unauthorized server names listed in
the WHOIS database
on the Network Solutions Inc. web site. He immediately began communications with Network
Solutions Inc in order to determine why this had happened and to re-insert his
own
name, handle name and server names to their respective positions.
When
the Respondent received the Complainant's December 20, 2001 email it became
clear to him that an unauthorized third party, possibly
the Complainant or
WEB2010 had somehow pirated the subject domain name and had been conducting
business at that address for an undetermined
period of time.
It
is believed that at some point after the subject domain name was registered by
the Respondent, the Complainant working with WEB2010
found that the domain name
it wanted to use for its online presence was registered. At this point working with some third party,
or some third party working without the knowledge of the Complainant, it had
the server
on the subject domain name changed to point to the website of the
Complainant.
The
Respondent believes that the Complainant was aware that it was not the rightful
owner of the subject domain name when it initiated
and conducted business using
the subject domain name. Neither the Complainant, nor anyone working in
association with the Complainant,
including anyone from WEB2010, made an
attempt to contact the Respondent to indicate that business was being conducted
at the subject
domain website or to arrange a legal transfer of the ownership
of the subject domain name.
The
Respondent also believes that the Complainant intentionally circumvented
regular payment for the subject domain name by sending
payment to Verisign Inc.
without informing the subject domain name’s registrant. By doing so, the Respondent was unable to
transact a regular payment. Several
attempts were made with Network Solutions Inc. to make payment for renewal yet
those payments, on at least one occasion, were
never transacted or were
re-credited to the Respondent’s credit card because payment already had been
made.
The
Complainant took steps to intimidate the Respondent into transferring the
subject domain name to the Complainant.
These included: several threats to the well being of the Respondent as
well as several slanderous accusations with the intent to harm
his credibility;
threatening to file a complaint with the FBI; communicating a Cease and Desist
letter; threatening to bring a lawsuit
against the Respondent if he were not
agree to sign over the rights to the subject domain name.
The
Respondent denies that he was the Complainant's agent and says that at the time
he registered the subject domain name he had not
heard of the Complainant.
The
Respondent denies that he attempted to extort money from the Complainant. In return for redirecting the server names
to his website, the Respondent did present an offer of sale to the Complainant
following
a solicitation for such an offer by Ron Dawson during a telephone
conversation on December 24, 2001. The Complainant's suggestion
that the
parties attempt to transfer the subject domain name by enacting a sale during
this telephone call is an indication that
the Complainant was aware and
confirms that it is not and was never the rightful owner of the subject domain
name.
The
decision to sell the subject domain name to the Complainant was based on the
belief that the domain name had been diluted in value
to its rightful owners
due to the unauthorized use, marketing and advertising practiced by the
Complainant. This offer was made in an
effort to recoup expenses, time and effort already invested.
The
Complainant does not hold rights to the trademark “Pestsupply.com”. Currently
the trademark is pending registration to the Respondent
and Brian Mongillo.
The
Respondent has never and currently is not stealing information from customers
intending to interact with the Complainant or any
of its related entities. Anyone accessing the web site to which the
subject domain name resolves is unable to input any information or to transact
any information
in any way.
C.
Additional Submissions
The
Complainant replied.
It rejects the Respondent's assertion that he was not the
Complainant's agent. Hostcentric, formerly operated as Web2010.com and is
the
Complainant’s current Internet Service Provider. During telephone conversations between the Complainant and
Hostcentric’s Legal Department on or about November 17, 2001, Hostcentric
told
the Complainant that it would be impossible to determine in what capacity the
Respondent acted as agent for Web2010.com in setting
up the subject domain name
website for the Complainant on March 29, 1999.
Hostcentric did not think that he worked directly as an employee of
Hostcentric, but unless a court subpoenaed the employee records
for every
company that Web2010.com did business with in 1999, it would be almost if not
impossible to determine in what capacity
the Respondent acted as agent for the
Complainant. By the Respondent's own evidence, the subject domain name was registered
through “World Wide Names” – a division of Web2010.com on February 9, 1999 by
the Respondent. This directly points to
the Respondent having inside knowledge or information concerning the
Complainant’s plans to open a website
using the subject domain name. Verisign’s
“Guardian Policy” also is direct evidence against the Respondent’s claim that
the subject
domain name was established without his authorization. The only person that could have setup and
changed the DNS servers of the subject domain name was the registrant, the
Respondent.
The Complainant rejects the Respondent's reliance on his
agreement with Parkway because the January 10, 1999 letter does not
specifically
say which domain name will be used by Parkway. The subsequent February 1, 1999 letter only
lists the subject domain name as a possible domain name and also lists 14
others. The Pesticide Applicator
Business Registration issued on November 16, 2001, does not list the subject
domain name as a DBA of Parkway
Exterminating – instead it lists “Sampson Pest
Control – Vincent E Scala” and does not list Brian Mongillo or the subject
domain
name. These articles substantiate the date of registration as a business
entity and first use of the subject domain name by the Complainant's
filing of
a DBA registered with the Texas Secretary of State on December 21, 1999.
Parkway has never been known as or has conducted business
under the subject domain name. The
Respondent's December 26, 2001 letter is direct evidence of his intent to
extort $60,000 to sell the subject domain name back
to the Complainant.
The Respondent called Ron Dawson Jr. on December 24,
2001. He told the Respondent what the
legal implications and potential costs were of the Respondent’s theft and
conversion of the subject
domain name and the redirecting of Internet servers
without any prior notification to the Complainant. Ron Dawson Jr. tried to circumvent a lengthy legal battle, which
potentially could have cost hundreds of thousands of dollars. He offered the Respondent $2,500.00 for his
“time” and only as a way to forego the high costs of litigation. The Respondent replied with his letter
seeking payment of $60,000 for the sale of the subject domain name. On December 28, 2001, Miller and McCarthy
P.C sent a demand letter to the Respondent to which he did not respond.
Concerning its trademark rights, the Complainant says that
"Pestsupply" has been a DBA of the Complainant since 1998. The subject domain name was registered to
the Complainant and filed with the Texas Secretary of State on December 21,
1999. The Complainant engaged in
business transactions using the subject domain name starting on December 22,
1999. Brian Mongillo and the Respondent
filed registration of the subject domain name on June 29, 2001 – 19 months
after the Complainant
first began use of the subject domain name in interstate
and intrastate commerce.
The Respondent, Brian Mongillo and Parkway have never done
business as "Pestsupply.com," have never been known as
"Pestsupply.com"
and have no legal record or any DBA or filings with
any state or federal agency prior to June 29, 2001. The hand typed contracts are not legal grounds to indicate that
any of these individuals have any recorded first date of use other
than the
registration of the subject domain name on February 9, 1999 and June 29,
2001. The Complainant has filed a
Notice of Opposition with the United States Patent and Trademark Office to deny
Brian Mongillo and the
Respondent any National Registration of the subject
domain name.
In response to the Respondent's assertion that he is not
stealing information, the Complainant says that before December 19, 2001
and
for the prior 33 months, it had been conducting business over the Internet
using the subject domain name. The web
based email addresses that are given to any web address are proprietary for
that web address. Any email directed
towards the subject domain name can be picked-up by that web site's web
master. This is common knowledge. The Complainant has thousands of customers
that sent emails to the subject domain name on a regular basis for various
support and
order issues. Customers
routinely emailed order information and personal and credit card information. Vendors routinely emailed information, some
of this information contains price lists, etc.
On December 19, 2001, the Respondent changed the DNS server information
for the subject domain name and directed all traffic for the
subject domain
name to a new website controlled by him or by one of his associates without any
warning to the Complainant. On that
date, all email for the subject domain name also was redirected by default to
the new server. It is not known whether
the Respondent made use of any of the emails or information, but it cannot be
denied that he has full control
of all email directed at it since December 19,
2001.
It is the Complainant’s belief that the Respondent only
recently established the FREE email account using the subject domain name
to
sidetrack any suspicion or belief that he was or could intercept email. The
Respondent has full control over all email that is
pointed to web site to which
the subject domain name resolves.
The Respondent and Brian Mongillo have no facts that they
have ever done business as or received any monies from any paying customers
prior to the Complainant's contract with Web2010.com in March of 1999 to setup
the web site using the subject domain name.
The Respondent delivered an additional reply.
The Respondent has never been employed by Web 2010 or its
parent company Hostcentric Technologies.
The Complainant has not shown that that the Respondent has ever worked
for Web 2010, the Complainant or any of its affiliates in any
capacity. The
Complainant simply says that it spoke with some unnamed person. No new evidence has been shown that the
Respondent had any affiliation whatsoever with the Complainant.
The Complainant claims that the Respondent had prior
knowledge of its plans, but cannot prove this by any means. It merely suggests
and writes about supposed conversations with unknown persons that it cannot
substantiate. The Respondent did not
work for Web 2010, did not have any knowledge of the Complainant’s plans.
The Respondent purchased the rights to the subject domain
name through a company called World Wide Names just as any other person
could
have done. When the Respondent
purchased the subject domain name, it was “parked”, meaning that it was left
pointed to a ghost server.
The agreement between the Respondent and Parkway was legal,
binding and completely enforceable by both parties. The ensuing course of events produced information, included in
the original Response, of transactions taking place between the two
parties
showing the research and follow-up for a website to be called <pestsupply.com> prior to the date
the Complainant alleges to have brought his company online. Prior to the Complainant registering its
DBA, research, money, communications and other actions relating to the subject
domain name
were underway.
The Complainant did not secure the subject domain name and
did not inform the rightful owner of its intentions. Every other domain name owned by the Complainant is registered to
it. It is inconceivable that the
Complainant could have overlooked this when beginning its website and simply
forgot to register the subject
domain name. The Complainant must have been
aware of the Respondent's ownership.
It can be assumed that in doing business with Web 2010 the
Complainant was able to circumvent the “Guardian” policy of Network Solutions
and to re-direct the subject domain name for a period of time. This has been
corrected.
In its rebuttal, the Complainant has admitted soliciting an
offer to purchase the domain name from the Respondent, but subsequently
declining the offer.
The Complainant has illegally represented that it has a
registered trademark on its website where it states that “Pestsupply.com”
is a
“registered trademark” of Dallas Fort Worth Pest Control. This is factually incorrect as well as
illegal. Brian Mongillo currently holds a pending application to
“Pestsupply.com” with the
United States. Trademark and Patent Office. The
Complainant has no claim to any trademark of “Pestsupply.com”. Brian Mongillo and the Respondent have done
business using “Pestsupply.com” prior to the Complainant’s admitted date of
December 1999.
Furthermore the registration of a domain name does not require
immediate transaction of sales with the general public in order to
be
considered being used in commerce.
The Complainant's claim of the Respondent stealing e-mail
from its customers is untrue. Acting
within his rights as owner and registrant of the domain name the Respondent has
directed the subject domain name to point to
a parked DNS server. This server is not accepting any
information, e-mail, credit card numbers, orders, supply lists, etc. and is not
able to do so. The Complainant
currently is not operating a mail server or e-commerce enabled web server in
relation to the subject domain name.
It has been shown that the Respondent, working with
Parkway, registered and implemented the subject domain name in good faith. There was no intent to disrupt the business
of the Complainant, slander its reputation, or to steal customers from the
Complainant. There are no legal grounds
to assert that either the Respondent or Parkway must have a business,
registered as, or complete sales
being known by a business name of the subject
domain name within a certain timeframe.
In this particular case, a timing conflict arose to delay the launch of
a website owned and operated by the Respondent and Parkway. A domain name does not have to be, and
typically is not, a business' registration name. The domain name is simply a locator for the address on a server
where a particular website can be found.
DISCUSSION
Paragraph 15(a) of the Rules for Uniform Domain Name
Dispute Resolution Policy (the “Rules”) instructs this Administrative 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
(2) the domain name has been registered and
is being used in bad faith.
A
domain name dispute generally is not an appropriate forum for the resolution of
contested intellectual property rights or the determination
of disputed facts
where matters of credibility are seriously in issue.
FINDINGS
There is a dispute between the parties
concerning the Complainant's right in a trademark that consists of the subject
domain name. It has registered the name
in Texas as an assumed name for the company and is opposing the trademark
registration application of the
Respondent and Mr. Mongillo.
The Complainant relies on an asserted
common-law trademark interest, but its use has not been extensive and collides
squarely with
the Respondent's registration of the subject domain name. Both parties contend for the subject domain
name in the context of a website. The
subject domain name does not comprise the Complainant's corporate name or the
corporate name of the company with which the Respondent
contracted to assist in
the development of a website. The
Complainant has taken steps to obtain other domain names using the word
"pestsupply".
It is clear that the alleged trademark
interest and the subject domain name are identical, but the Administrative
Panel is not in
a position to resolve the contest over who has the
trademark. Indeed, the issue is pending
before the appropriate United State's agency.
The Complainant contends that the
Respondent acted as its agent in registering the subject domain name. It relies on conversations with others. They are inconclusive in that the contacts
apparently stated that they could not verify the role played by the Respondent,
although
the language used by the Complainant in its submissions refers to agency. That begs the question.
The Respondent denies that he was the
Complainant's agent and denies employment by the entities on which the
Complainant relies.
The Respondent relies on a contract he
had with Parkway and states what he did to acquire the subject domain name and
when. The Complainant
dismisses the contract, but there is no reason in the
material presented to the Administrative Panel for doing so.
The Respondent denies that he knew of the
existence of the Complainant at that time and gives an explanation for not
using the subject
domain name.
The information is, in part, troubling
because the Respondent's failure to make use of the subject domain name does
not fit well with
having a legitimate interest in it. His willingness to sell the subject domain, albeit at a very high
price, also is not consistent with having a legitimate interest
in it.
Reconciling these inconsistencies with
the contract and the documents that show an intention to acquire the domain
name for a business
purpose is not possible in the context of this case. On balance, it cannot be said that the
Complainant has met its obligation to establish that the Respondent does not
have a legitimate
interest in respect of the subject domain name.
The most telling feature of the
Complainant's bad faith allegation is the fact that the Respondent sought
$60,000 to transfer the
subject domain name to the Complainant. This fact could taint the information
concerning the Respondent's initial intention in registering the subject domain
name, but the
offer was made in response to a solicitation from the
Complainant. The parties agree that
there was a solicitation by the Complainant, but the written record does not
paint a clear picture of the communications.
In addition, the Respondent has taken
steps to acquire a registered trademark of the subject domain name.
The record is replete with allegations by
both sides that the other has improperly interfered with its interest in the
subject domain
name. The Complainant
alleges that the Respondent has improperly obtained customer information. The Respondent denies this. The Complainant
says that it reported the theft of its order-log to the FBI. The Respondent contends that the Complainant
threatened to file a complaint with the FBI as a means of intimidating him.
These are
allegations which should be addressed in a judicial forum which is
able to consider a full documentary record and testimony. The present domain name case is not such a
forum.
Considering the information overall, the
Complainant has not established that the subject domain name has been
registered or is being
used in bad faith.
Identical and/or Confusingly Similar
The subject domain name is identical to
the Complainant's alleged trademark interests, but the Complainant has not
established that
it has a trademark or service mark for the subject domain
name, which is what it alleged.
Rights or Legitimate Interests
The Complainant has not established that
the Respondent does not have a legitimate interest in the subject domain name.
Registration and Use in Bad Faith
The Complainant has not established that
the subject domain name has been registered or is being used in bad faith.
DECISION
The Complainant is dismissed.
Edward C. Chiasson, Q.C., Panelist
Dated: March 8, 2002
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