Generic Top Level Domain Name (gTLD) Decisions

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

Complainant:

Magda Danish

Unicode, Inc.aka The Unicode Consortium

Respondent:

Dynamic (UNICODE7-DOM)

Dynamic Concepts, Inc.

File Number: FA0003000094354
Filing Date: 03/27/00

DOMAIN NAME DISPUTE ADMINISTRATIVE PANEL DECISION

Domain Name(s): "UNICODE.NET"

Domain Name Registrar: Network Solutions, Inc.

Date of domain name registration: 09/01/98

Date Complaint was sent to Respondent in accordance with Rule 2(a): 03/27/00

Response Due Date: 04/17/00

Response Date: No Response Filed

PROCEDURAL FINDINGS

On March 27, 2000 the Complainant, Unicode, Inc. a/k/a The Unicode Consortium, filed its complaint with the National Arbitration Forum ("The Forum") pursuant to the Uniform Domain Name Dispute Resolution Policy adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"). After reviewing the Complaint for administrative compliance, The Forum transferred the Complaint to the Respondent, Dynamic Concepts, Inc., 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 Network Solutions, ICANN and the Complainant that the administrative proceeding had commenced.

The Respondent registered the domain name with Network Solutions, the entity that is the Registrar of the domain name. By registering its domain name with Network Solutions, the Respondent agreed to resolve any dispute regarding its domain name through ICANN's Uniform Domain Name Dispute Resolution Policy.

The Complaint is based on the following trademark or service mark: "UNICODE", registered December 14, 1993, with the United States Patent and Trademark Office, Registration Number 1,811,697; for indicating membership in an association of manufacturers, retailers and software companies who use a computer encoding system utilizing sixteen (16) bits, in Class 200.

The Respondent has not responded to the Complaint and is in default.

The above-captioned matter came on for an administrative hearing on April 27, 2000 before the Honorable Charles K. McCotter, Jr. (Ret.), Arbitrator. This matter is submitted for decision in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy") and Rules (the "Rules"). Upon the written submitted record, and the following findings and conclusions, I find for the Complainant.

FINDINGS OF FACT

CONCLUSIONS

Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following:

The Complainant has shown each of the elements.

DECISION

I certify that I have acted independently and have no known conflict of interest to serve as the arbitrator in this proceeding. Having been duly selected and being impartial, I enter the following decision:

Based upon the above findings and conclusions, I find in favor of the Complainant. Therefore, pursuant to Paragraph 4.i of the Policy, I direct that the domain name "UNICODE.NET" registered by the Respondent be transferred to the Complainant, Unicode, Inc.

This 27th day of April, 2000.

Charles K. McCotter, Jr.