Domain name – Domain name dispute resolution policy – Trademark – Identical – Legitimate rights – Bad faith.

Complainant is the registered owner of the trademark, The Lawyers List, and has used it since 1904.  Respondent registered the domain name, thelawyerslist.com but it is not identifiable to any product or service of the Respondent.  Complainant alleged that the domain name is identical or confusingly similar to its mark, that Respondent has no legitimate interests in the name, and that Respondent registered and used the name in bad faith.

Held, Name Transferred to Complainant.

Respondent’s domain name is identical or confusingly similar to Complainant’s trademark.  Respondent also does not have legitimate rights or interests in the domain name.
Respondent registered and used the name in bad faith.  Respondent registered the name for the primary purpose of selling the name either to Complainant or to a competitor for valuable consideration in excess of out-of-pocket expenses related to the domain name.

Policies referred to
Uniform Domain Name Dispute Resolution Policy 
Banks, Arbitrator: - 
The above matter came on for an administrative hearing on June 19, 2000 before
the undersigned on the Complaint of Commercial Publishing Co., Inc., hereafter
"Complainant", against Webicons, Inc., hereafter "Respondent". Neither party was
represented by an attorney.

            Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

Domain Name: THELAWYERSLIST.COM

Domain Name Registrar: Network Solutions

Domain Name Registrant: Webicons, Inc.

Date of Registration: April 14, 1999.  

Date Complaint Filed: May 15, 2000.

Date of Commencement of Administrative Proceeding: May 22, 2000.

Date of Response: Respondent sent an e-mail response that did not address the
issues involved in this case.

Remedy requested by Complainant: Transfer of Domain Name to 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 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, the Internet Corporation for Assigned
Names and Numbers (ICANN), and the Complainant that the administrative
proceeding had commenced.  Respondent sent an e-mail response that did not
address the issues involved in this case.

            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.  

FINDINGS OF FACT

1.      The Complainant Commercial Publishing Co., Inc. is the registered owner of
the trademark "The Lawyers List" and has owned and used that mark since 1904. 

2.      The Respondent registered the domain name THELAWYERSLIST.COM on
April 14, 1999.

3.       On November 30, 1999, the Respondent listed the domain name
THELAWYERSLIST.COM on a web page shown as
http:\\20917618739/legal.htm, under the topic "Legal Domain Names" with the
instruction to click on any domain name and when the name you are interested in
appears, make us an offer.

4.      The domain name is not identifiable to any product, service or web-site
managed or operated by the Respondent.

5.      The Respondent's domain name THELAWYERLIST. COM is identical or
confusingly similar to the Complainant’s established trademark.

6.      The Respondent has no legitimate interests in respect of the domain name. 

7.      The Respondent's e-mail response to the Complaint did not address any of
the issues raised in this case.  The failure to file any meaningful response to the
complaint coupled with the fact that it listed the domain name for sale permits an
inference that registration of the domain name was done primarily for the purpose
of selling or otherwise transferring the domain name registration to the Complainant,
who is the owner of the trademark for a valuable consideration in excess of any
documented out-of-pocket costs directly related to the domain name.  This
constitutes registration and use of a domain name in bad faith.

8.      The Complainant's prayer for relief requests that the domain name
THELAWYERSLIST.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
findings and conclusions:

1.      The domain name THELAWYERSLIST.COM registered by Respondent on
April 14, 1999, with Network Solutions, is identical to Complainant's name and is
confusingly similar to a trademark in which the Complainant has rights, and to
which the Respondent has no right or legitimate interests.

2.      The domain name THELAWYERSLIST.COM was registered and is being
used in bad faith in that the Respondent registered the name primarily for the
purpose of selling or otherwise transferring the domain name registration to the
Complainant who is the owner of the trademark or to a competitor for valuable
consideration in excess of documented out-of-pocket costs directly related to the
domain name.