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WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
The Gleaner Company Limited v. iConAlly
Case No. D2000-1155
1. The Parties
The Complainant is: The Gleaner Company Limited, P.O. Box 40, 7 North Street, Kingston, Jamaica.
The Respondent is: iConAlly, P.O. Box 3680, Cambridge Road, London, Brent NW6 5BL, United Kingdom.
2. The Domain Name and Registrar
The domain name in dispute is "jamaicagleaner.com", and the Registrar is CORE Internet Council of Registrars, World Trade Center II, route de Pre-Bois, CH-1215 Geneva, Switzerland.
3. Procedural History
This dispute is to be resolved in accordance with the Uniform Domain Name Dispute Resolution Policy (the Policy) and Rules (the Rules) approved by the Internet Corporation for Assigned Names and Numbers (ICANN) on October 24, 1999, and the World Intellectual Property Organization Arbitration and Mediation Center’s Supplemental Rules for Uniform Domain Name Dispute Resolution (the Supplemental Rules).
The Complaint was filed on August 31, 2000. At the Center’s request, the Registrar, CORE, checked and reported back on September 20, 2000 that the registrant for the domain name "jamaicagleaner.com" was the Respondent:
P.O. Box 3680
London, Brent NW6 5BL
On September 20, 2000, the Center forwarded a copy of the Complaint to Respondent by registered mail and by e-mail and this proceeding officially began. Respondent did not file a response and was declared in default on October 25, 2000. The Administrative Panel submitted a Declaration of Impartiality and Independence on October 30, 2000, and the Center proceeded to appoint the Panel on November 8, 2000. This Panel finds the Center has adhered to the Policy and the Rules in administering this Case.
This Decision is due by November 22, 2000.
4. Factual Background
The Complainant, the Gleaner Company Limited, publishes a newspaper, "The Gleaner", which has been published in Jamaica since the 1800’s. Complainant also operates a website at "jamaica-gleaner.com". Complainant has become aware that defendant registered the disputed domain name "jamaicagleaner.com". In this proceeding, Complainant seeks to have the name transferred to itself.
5. The Parties’ Contentions
- The Gleaner Company Limited owns and operates an on-line newspaper, "The Jamaica Gleaner Online", at the domain name "jamaica-gleaner.com".
- The Respondent is using its web site at the disputed domain name, "jamaicagleaner.com", to redirect traffic to its web site at "yush.com".
- Complainant registered "Jamaica Gleaner" in several trademark classes in Jamaica in July 1997.
- The misuse of the name "Jamaica Gleaner" creates a source of confusion for persons seeking to read the "Jamaica Gleaner Online" and capitalizes on the Gleaner Company’s web traffic.
- Complainant requests transfer of the disputed domain name to itself.
Respondent did not file a response and has been declared in default in these proceedings.
6. Discussion and Findings
In order for Complainant to prevail and have the disputed domain name "jamaicagleaner.com" transferred to itself, Complainant must prove the following (the Policy, paragraph 4(a)(i-iii):
- the domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
- the Respondent has no rights or legitimate interests in respect of the domain name; and
- the domain name was registered and is being used in bad faith
Identical or Confusingly Similar
Complainant, the Gleaner Company Limited, is the owner of several Jamaican-registered trademarks called "Jamaica Gleaner" (nos. 32, 791; 32, 175; and 32, 677; Complaint Annex 3). Complainant also publishes its newspaper, "The Gleaner", in an on-line edition at "jamaica-gleaner.com". Respondent registered the disputed domain name "jamaicagleaner.com". The Panel finds Respondent’s domain name is identical to the trademark in which Complainant has proved it has rights.
Legitimate Rights or Interests
While Complainant is the publisher of a venerable newspaper in Jamaica, Respondent, in default in this proceeding, has demonstrated no rights or interests at all in the disputed domain name.
Accordingly, the Panel finds the Respondent has no rights or interests in the disputed domain name per the Policy 4 (a)(ii).
Registered and Used in Bad Faith
Complainant is the publisher of a well-known newspaper. Complainant’s website at "jamaica-gleaner.com" draws a substantial amount of Internet traffic, and, thanks to the confusion with Complainant’s trademark, so does Respondent’s. The Panel finds it highly likely that Respondent’s primary if not sole aim in registering the disputed domain name, "jamaicagleaner.com", was to divert as much of Complainant’s traffic as possible. It further seems likely to the Panel that Respondent intended to profit from this diverted traffic.
The Panel finds that Respondent registered and is using the disputed domain name in bad faith, in violation of the Policy at 4 (a)(iii) and 4(b)(iv).
In accordance with ICANN Policy paragraph 4(i) and Rule 15, the Panel orders that the disputed domain name, "jamaicagleaner.com", be transferred to the Complainant, the Gleaner Company Limited. The domain name is identical to Complainant’s trademark, "The Jamaica Gleaner". The Respondent, iConAlly, has no rights or legitimate interests in the domain name, and Respondent registered and used the domain name in bad faith.
Dennis A. Foster
Dated: November 22, 2000