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Generic Top Level Domain Name (gTLD) Decisions |
AMENDED DECISION
AltaVista Company v JJ Domain
Claim Number: FA0008000095499
PARTIES
The Complainant is AltaVista Company, Palo Alto, CA, USA ("Complainant"). The Respondent is JJ Domain, Grants Pass, Oregon ("Respondent").
REGISTRAR AND DISPUTED DOMAIN NAME(s)
The domain names at issue are "www-altavista.com, altavaista.com", and "altvisa.com", registered with Network Solutions.
PANELIST(s)
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 the panelist in this proceeding.
R. Glen Ayers has been selected as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on August 28, 2000; The Forum received a hard copy of the Complaint on August 28, 2000.
On September 05, 2000, Network Solutions confirmed by e-mail to The Forum that the domain names "www.altavaista.com", and "altavisa.com" are registered with Network Solutions and that the Respondent is the current registra nt of the name. Network Solutions has verified that Respondent is bound by the Network Solutions 5.0 registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s UDRP.
On September 7, 2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of September 27, 2000 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, by e-mail.
On October 2, 2000, pursuant to Complainant’s request to have the dispute decided by a One Member panel, the Forum appointed R. Glen Ayers as Panelist.
RELIEF SOUGHT
The Complainant requests that the domain name be transferred from the Respondent to the Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Complainant asserts that it holds famous trademarks, including "Alta Vista" and certain variations (the "Marks").
Plaintiff assets Marks are registered or pending registration in over 100 countries..
Complainant asserts that Respondent registered three domain names, "www.altavista.com", altavaista.com", and "altavisa.com", in 1998, 1999, and 2000.
Complainant asserts that the names are confusingly similar to the Marks
Complainant also alleges that it attempted to contact the Respondent, with no success.
Complainant alleges that the Respondent has no legitimate interest in the domain names and is not its licensee. Complainant also asserts that the names were registered in bad faith with the intent to: (1) confuse Internet users; (2) div ert potential users to the Respondent’s site; and (3) disrupt Internet traffic.
B. Respondent
Respondent filed a Response in which it asserts it had no intent to confuse but only intended to provide an "error service". It has requested that the domains be transferred to Complainant.
FINDINGS
Because of Respondent’s request that the domains be transferred, no findings are made.
Respondent’s request that the domain names be transferred is apparently a good faith attempt to resolve the dispute.
DECISION
The domain names shall be transferred from Respondent to Complainant.
R. Glen Ayers, Panelist Dated: October 24, 2000
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URL: http://www.worldlii.org/int/other/GENDND/2000/1317.html