WIPO Arbitration and Mediation Center

The Complainant is Just Jeans Group Limited, an Australian public company, with its head office in Melbourne, Australia. It is represented by Mr. John Gibbs of Philips Ormonde & Fitzpatrick, Melbourne, Australia.

The Respondent is Domain Trade of PO Box 3482, Mexico City, Mexico City, 0000, Mexico.

The domain name in issue is "just-jeans.com". The domain name is registered with Easyspace Limited, Rosemount House, Rosemount Avenue, West Byfleet, Surrey KD14 6LB, UK. The domain name was registered on June 15, 2000.

The Complaint submitted by Just Jeans Group Limited was received on December 27, 2000, (hard copy) and January 9, 2001 (electronic copy) by the World Intellectual Property Organization Arbitration and Mediation Center ("WIPO Center").

On January 8, 2001, a request for Registrar verification was transmitted by the WIPO Center to Easyspace Limited, requesting it to:

Confirm that a copy of the Complaint had been sent to it by the Complainant as required by the WIPO Supplemental Rules for Uniform Dispute Resolution Policy ("Supplemental Rules"), paragraph 4(b).

Confirm that the domain name at issue is registered with Easyspace.

Confirm that the person identified as the Respondent is the current registrant of the domain name.

Provide full contact details, i.e., postal address(es), telephone number(s), facsimile number(s), email address(es), available in the Registrar’s WHOIS database for the registrant of the disputed domain names, the technical contact, the administrative contact and the billing contact for the domain name.

Confirm that the Uniform Domain Name Dispute Resolution Policy applies to the domain name.

Indicate the current status of the domain name.

By email dated January 8, 2001, the Registrar advised WIPO Center as follows:

Easyspace Limited had received a copy of the Complaint sent by the Complainant.

Easyspace Limited is the Registrar of the domain name registration "just-jeans.com".

The Registrant is: Domain Trade

PO Box 3482

Mexico City

Mexico City

000/Mx

The administrative and billing contact is "Mr Registrar",domaintrade@hotmail.com, Phone: +90, facsimile: nil.

The technical contact Registrar is

Easyspace Hostmaster

hostmaster@easyspace.com,

http://www.easyspace.com,

Facsimile: +44-1932-350-222.

The Uniform Dispute Resolution Policy is applicable to "just-jeans.com".

The domain name registration "just-jeans.com" is "registrar locked and is currently redirecting to a website at "http://www.generalpants.com.au."

The advice from Easyspace Limited that the domain name in question is still "active", indicates the Respondent has not requested that the domain name at issue be deleted from the domain name database. The Respondent has not sought to terminate the agreement with Easyspace Limited. Accordingly, the Respondent is bound by the provisions of Uniform Domain Name Dispute Resolution Policy ("Policy").The Respondent has not challenged the jurisdiction of the Panel.

Having verified that the Complaint satisfied the formal requirements of the Policy, the Rules for Uniform Domain Name Dispute Resolution Polcy ("Rules") and WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy ("Supplemental Rules"), the WIPO Center on January 9, 2001, transmitted by post, fax and email a notification of Complaint and Commencement of Administrative Proceedings to the Respondent. A copy of the Complaint was also sent by email to Easyspace Limited on January 9, 2001.

The Complainant elected to have its Complaint resolved by a single panel member: it has duly paid the amount required of it to the WIPO Center.

The Respondent was advised that a Response to the Complaint was required within 20 calendar days (i.e., January 28, 2001). The Respondent was also advised that any Response should be communicated, in accordance with the Rules, by an original and four sets in hard copy and by email. No response was received from the Respondent by January 28, 2001.

On February 2, 2001, the WIPO Center invited Andrew Brown, Barrister, of Auckland, New Zealand, to serve as Sole Panelist in the case. It transmitted to him a statement of acceptance and requested a declaration of impartiality and independence.

On February 7, 2001, Andrew Brown advised his acceptance and forwarded to the WIPO Center his statement of impartiality and independence. The Panelist finds that the Administrative Panel was properly constituted in accordance with the Rules and the Supplemental Rules.

On February 7, 2001, WIPO Center forwarded to Andrew Brown by email the relevant submissions and the record. The full copy of the Complaint was sent by courier and received by him on February 12, 2001. In terms of Rule 5(b), in the absence of exceptional circumstances, the Panel was required to forward its decision by February 21, 2001.

The Panel has independently determined and agrees with the assessment of WIPO Center that the Complaint meets the formal requirements of the Rules and the Supplemental Rules.

The Panel finds that the WIPO Center has discharged its obligations and responsibility under the Rules. The Panel will hereby issue its Decision based on the Complaint, the Policy, the Rules, and the Supplemental Rules, without the benefit of any proper Response from the Respondent.

The language of the administrative proceeding is English, being the language of the registration agreement.

The Complainant is one of the largest specialty apparel retailers in Australasia with some 480 stores and over 2,600 employees. The trademark JUST JEANS is a registered trademark in Australia in classes 16, 18, 24, 25 and 42. The trademark is also registered in New Zealand and South Africa in classes 25 and Taiwan in class 40.

The Complaint states that the Respondent has set up the domain name "just-jeans.com" so that traffic is redirected to the Australian-based website of General Pants Co, a competitor of the Complainant. The Complaint also states that General Pants Co, has confirmed that its consent was never given for this redirection. The advice from the Registrar confirms that "just-jeans.com" is "registrar locked and currently redirecting to "generalpants.com.au".

The evidence presented by the Complainant shows that the Respondent has registered two other domain names of well-known Australian companies:

(a) The first is "coles-myer.com", the name and trademark of Coles Myer Limited, one of the largest retailers in Australia. This website redirects visitors to "woolworths.com.au", the website of Woolworths Limited, a competitor and the second largest retailing organisation in Australia. This is the subject of a separate complaint by Coles Myer Limited (D2000-1820).

(b) The second is "rebel-sport.com", the name and trademark of Australia’s largest specialty sporting goods retailer. This domain name redirects to a website, which states that this has been registered by the domain name registrar Easyspace Limited "for a client".

The Complainant contends in summary that:

(a) The domain name "just-jeans.com" is identical to the registered trademark and well-known name of the Complainant with the exception that there is a hyphen separating the two terms. A hyphen is confusingly similar.

(b) The Respondent has no rights or legitimate interest in the domain name "just-jeans.com". The Respondent is not commonly known by that name, nor is the Respondent using the site in connection with the bona fide offering of goods or services or for a legitimate reason;

(c) The domain name is being used misleadingly to divert customers and to tarnish the Complainant’s well-known and respected trademarks.

The Respondent has not responded to the Complaint.

Paragraph 15(a) of the Rules instructs the Panel to:

"Decide a complaint on the basis of the statements and documents submitted in accordance with the policy, these rules and any rules and principles of law that it deems applicable".

The burden for the Complainant, under paragraph 4(a) of the ICANN Policy, is to show: