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WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
United Advertising Publications, Inc. v. Net Marketing
Case No. D2000-0058
1. The Parties
Complainant is United Advertising Publications, Inc., 15400 Knoll Trail, Suite 400, Dallas, Texas, 75248, U.S.A.
Respondent is Net Marketing, 7656 Shaughnessy, Suite 6, Montreal, Quebec, Canada, H2A 1K4.
2. The Domain Name and Registrar
The domain name is FORRENT.COM. The registrar is Network Solutions, Inc.
3. Procedural History
The WIPO Arbitration and Mediation Center (the "Center") received the complaint of United Advertising Publications, Inc. on February 11, 2000, both electronically and by faxed copy, and received a hard copy on February 14, 2000.
The Center transmitted to Network Solutions, Inc. a request for registrar’s verification of the FORRENT.COM domain name registration. On February 15, 2000, Network Solutions, Inc. transmitted its verification response by e-mail to the Center, confirming that the registrant of the domain name in issue is "Net Marketing (FORRENT5-DOM)", whose address is 7656 Shaughnessy, Suite 6, Montreal, Quebec, Canada, H2A 1K4, and that both the administrative and billing contacts are Elie S. Abouzakhm, whose fax number is 1 (514) 722-3363 and whose e-mail address is ezakhm@IBM.NET. The registrar’s verification response also stated that the domain name registration "FORRENT.COM" is on "Hold" status.
On February 16, 2000, the Center transmitted Notification of Complaint and Commencement of Administrative Proceeding to the Respondent Net Marketing, by post to that company’s address 7656 Shaughnessy, Suite 6, Montreal, Quebec, Canada, H2A 1K4, by fax to 1-(514) 722-3363 and by e-mail to firstname.lastname@example.org and to email@example.com and to the adminstrative contact and billing contact Elie S. Abouzakhm by fax to 1-(514) 722-3363 and by e-mail to ezakhm@IBM.NET. These documents were also forwarded to the Complainant’s representative, Mr. Jeffrey H. Kaufman by facsimile and e-mail. The Notification of Complaint and Commencement of Administrative Proceeding stated, inter alia, the Center had verified that the Complaint satisfies the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy"), the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") and the Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules"). The Center confirmed that payment in the required amount to the Center has been made by the Complainant and that the formal date of commencement of the administrative proceeding is February 16, 2000.
The Notification of Complaint and Commencement of Administrative Proceeding stated that the last day for the Respondent to send its Response to the Complainant and to the Center was March 6, 2000, and that in the event of its failure to file such a Response by the due date, it would be considered in default. In the event of such a default, an Administrative Panel would still be appointed which would have the discretion but not the obligation to consider a late filed Response.
On March 7, 2000, by Notification of Respondent Default, the Center notified the Respondent and its administrative contact and billing contact, at the respective addresses as above indicated, that it had failed to comply with the deadline indicated in the Notification of Complaint and Commencement of Administrative Proceeding for the submission of its Response.
On March 13, 2000, the Center forwarded to the parties a Notification of Appointment of Administrative Panel and Projected Decision Date. This advised the parties that Joan Clark had been appointed as the single member of the Administrative Panel in this proceeding, and advised that the decision of the Administrative Panel was to be forwarded to the Center by March 27, 2000.
By letter of March 9, 2000, the representative of Complainant advised the Center that the dispute had been settled, and attached a Notification of Settlement and Stipulation of Transfer signed by representatives of both Complainant and Respondent.
By letter of March 18, 2000, the Center forwarded Acknowledgement of Receipt of the above correspondence from Complainant’s representative, and forwarded a copy of the Acknowledgement of Receipt and a copy of the correspondence received, including the Notification of Settlement and Stipulation of Transfer, to the Respondent at 7656 Shaughnessy, Suite 6, Montreal, Quebec, Canada, H2A 1K4, also by fax to 1-(514) 722-3363, and by e-mail to firstname.lastname@example.org and by e-mail to email@example.com and, in addition, to Ari Goldberger, Esq., counsel for Net Marketing to fax 1-(212) 337-8515, as his name and fax number appeared on the Notification of Settlement and Transfer. The Acknowledgement of Receipt of the aforesaid correspondence was also forwarded by facsimile to Mr. Jeffrey H. Kaufman, representative of the Complainant.
4. Factual Background
The Complainant alleges it is the owner of the trade-mark FOR RENT registered under U.S. Trademark Registration No. 1,636,133 and for the stylized version of the mark FOR RENT under U.S. Trademark Registration No. 1, 398,476.
5. Parties’s Contentions
The Complainant asserts that the domain name FORRENT.COM is identical or confusingly similar to the FOR RENT trade-mark in which Complainant has rights, that the Respondent should be considered as having no rights or legitimate interests in respect of the FORRENT.COM domain name, and that the domain name FORRENT.COM should be considered as having been registered and used in bad faith. In support of these assertions, the Complainant sets forth various circumstances and events.
The Complainant alleges that, as a result of communications with the Respondent and the Registrar during 1999, the FORRENT.COM domain name was placed "on hold" under the Registrar’s former Domain Name Dispute Resolution Policy. Complainant further alleges that it was notified by a letter on January 18, 2000, that the FORRENT.COM domain name would be reactivated if a civil action in a court of competent jurisdiction or an administrative complaint under the ICANN/UDRP were not filed by February 11, 2000. The Complaint herein is dated February 10, 2000.
The Complainant requests that the domain name FORRENT.COM be transferred to the Complainant.
No Response had been filed by the Respondent.
In view of the Notification of Settlement and Stipulation of Transfer signed by the parties, the Panel is required by Rule 17 of the Policy to terminate the administrative proceeding.
In accordance with the authorization and request of the parties in the Notification of Settlement and Stipulation of Transfer, the Administrative Panel requires the Registrar Network Solutions, Inc. to transfer the domain name FORRENT.COM to the Complainant United Advertising Publications, Inc. and terminates this administrative proceeding.
Dated: March 31, 2000