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Generic Top Level Domain Name (gTLD) Decisions |
Under the ICANN Uniform Domain Name Dispute Resolution Policy
366 Madison Avenue • New York, NY 10017-3122 • Tel. (212) 949-6490 • Fax (212) 949-8859 • cprneutrals@cpradr.org • www.cpradr.org
COMPLAINANT The Business Law Group, LLP 4210 Douglas Boulevard, Suite 100 Granite Bay, CA 95746 Telephone:(916) 960-0167 Fax:(916) 313-3565 Email: n/a vs. |
File Number: CPR0306 Date of Commencement: March 10, 2003 Domain Name(s): www.folsomlakemitsubishi.com Registrar: Verisign, Inc./Network Solutions, Inc. Arbitrator: Robert Weil |
RESPONDENT |
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Before Robert Weil, Arbitrator
PROCEDURAL HISTORY
The Complaint was filed with CPR on March 10, 2003 and, after review for administrative
compliance, served on the Respondent on March
10, 2003. The Respondent did not file a
Response on or before April 4, 2003. I was appointed Arbitrator pursuant to the Uniform
Domain Name Dispute Resolution Policy (“UDRP”) and Rules promulgated by the Internet
Corporation for Domain Names and Numbers (ICANN).
Upon the written submitted record
including the Complaint, the attachments and the procedural history, I find as follows:
FINDINGS
Respondent’s registered domain name, folsomlakemitsubishi.com, was registered with Verisign, Inc./Network Solutions, Inc. on October 12, 2002. Registering the name, Respondent agreed to submit to this forum to resolve any dispute concerning the domain name, pursuant to the UDRP.
The UDRP provides, at Paragraph 4(a), that each of three findings must be made in order for a Complainant to prevail:
IDENTITY/CONFUSING SIMILARITY: Complainant alleges that folsomlakemitsubishi.com is identical or confusingly similar to Complainant’s tradename, mitsubishi and folsom lake mitsubishi which applies to automobiles.
i. Respondent’s domain name is identical or confusingly similar to a trademark or service mark in which complainant has rights; and ii. Respondent has no rights or legitimate interests in respect of the domain name; and iii. Respondent’s domain name has been registered and is being used in bad faith.
CONCLUSION
In light of my findings above that (a) the registered domain name is identical or confusingly similar
to Complainant’s protected
mark; (b) Respondent does not have rights or legitimate interests with respect
to the domain name at issue; and (c) Respondent did
register and use the domain name in bad faith, as
that term is defined in the ICANN Policy, I find in favor of the Complainant.
REMEDY
Complainant’s request to transfer the domain name folsomlakemitsubishi.com is hereby GRANTED.
The domain name shall be transferred
to Complainant Folsom Lake Mitsubishi, Inc.
Robert Weil
Signature of Arbitrator
Date: April 23, 2003
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URL: http://www.worldlii.org/int/other/GENDND/2003/409.html