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Net Vista Info Corp. v. for sale at DOMAINBLVD.com [2000] GENDND 239 (27 April 2000)


National Arbitration Forum

P. O. Box 50191
Minneapolis, Minnesota 55405 USA
www.arbitration-forum.com


Net Vista Info Corp.

COMPLAINANT,

Vs.

for sale at DOMAINBLVD.com

RESPONDENT.

DECISION

Forum File No.: FA0003000094357

The above entitled matter came on for an administrative hearing on April 27,2000 before the undersigned on the Complaint of Net Vista Info Corp., hereafter "Complainant", against for sale at DOMAINBLVD.com, hereafter "Respondent". Complainant was represented by: Ashish Bhandari 5060 Commercial Circle, Suite D, Concord, CA 94520. There was no representation on behalf of Respondent: Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

Domain Name: netvista.com

Domain Name Registrar: Register.com

Domain Name Registrant: for sale at DOMAINBLVD.com

Date of Domain Name Registration: March 7, 2000

Date of Complaint Filed: March 22, 2000

Date of Commencement of the Administrative Proceeding in Accordance with Rule 2(a) and Rule 4(c): March 27, 2000

Due Date for a Response: April 17, 2000. Respondent did not submit a Response to the Complainant.

After reviewing the Complaint, and determining it to be in administrative compliance, the National Arbitration Forum (The Forum) forwarded the Complaint to the Respondent on March 27, 2000 in compliance with Rule 2(a), and the administrative proceeding was commenced pursuant to Rule 4(c). In compliance with Rule 4(d), The Forum immediately notified Register.com, the Internet Corporation for Assigned Names and Numbers (ICANN), and the Complainant that the administrative proceeding had commenced. Respondent did not submit a response to The Forum within twenty (20) days pursuant to Rule 5(a).

By registering its domain name with Register.com, Respondent agreed to resolve any dispute regarding its domain name through ICANN's Rules for Uniform Domain Name Dispute Resolution Policy, and the Uniform Domain Name Dispute Resolution Policy.

FINDINGS OF FACT

  1. Complainant has provided internet services under the name Net Vista since 1995.
  2. Complainant has a customer base which identifies the name Net Vista with the said services consisting of individuals and businesses throughout the greater San Francisco Bay Area as far south as Santa Cruz and as far north as the California/Oregon border.
  3. Complainant has invested considerable time and effort in establishing an association between the name Net Vista and the services and goods it offers to its customers and the public.
  4. Complainant has owned the domain name "netvista.net" since February 20, 1996, and on February 12, 2000 acquired the ownership to "netvista.org".
  5. Complainant has owned a toll free number 888-NETVISTA since early 1996.
  6. The original registrant of the domain name "netvista.com" failed to renew registration at its recent anniversary date, at which time Respondent registered it for the purpose of sale to a third party.
  7. On March 15, 2000 Respondent sent an E-mail to Complainant stating, "the vast majority of names I register are thru ‘bulkregister.com' @ $14 per name. Last month I registered over 250 names with them at $13 per name". Further Respondent wrote that on a monthly basis he has all "my names appraised by a third party", and demanded $12,000 from Complainant to transfer ownership of the domain name in dispute. Respondent in said E-mail surmised that (is) "past your budget, desire or sense or value for this name".
  8. Respondent has made no known legitimate use of the domain name.
  9. Complainant's prayer for relief requests that the domain name "netvista.com" be transferred from Respondent to Complainant.

CONCLUSIONS

The undersigned certifies that he has acted independently and has no known conflict of interest to serve as the Arbitrator in this proceeding. Having been duly selected, and being impartial, the undersigned makes the following conclusions:

  1. The domain name "netvista.com" registered by Respondent on March 7, 2000 is identical to Complainant's common law trademark of Net Vista except for the ".com" suffix which merely represents "commercial enterprise".
  2. Complainant has legitimately used the domain name in business since 1995 to the present time and has owned the domain name "netvista.net" since February 20, 1996. Respondent has no legitimate right or interest in said domain name.
  3. The domain name "netvista.com" was registered by Respondent solely for the purpose of sale to a third party for a sum greater than the out-of-pocket costs directly related to the registration of the domain name. Respondent acted in bad faith in registering the domain name.

DECISION

Based upon the above findings and conclusions, and pursuant to Rule 4(i), it is decided as follows:

THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME netvista.com REGISTERED BY RESPONDENT MARCH 7, 2000 BE TRANSFERRED TO COMPLAINANT Net Vista Info Corp.

Dated April 27, 2000 by _____________________________________

Judge Harold Kalina (Ret.)

Arbitrator

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