Northwest Airline Home Page
” Clicking “I AGREE!” on that page led to an error message. Complainant spent over $127 million on advertising in 2000. 2,271,908, filed April 30, 1998, registered August 24, 1999) in connection with “providing travel information by means of a global computer network. Primary Source, D2000-0362 (WIPO June 19, 2000) (finding bad faith where Respondent threatened to develop the domain name in question into a pornography bounce house party rental site). In this message, Respondent offered to name to Complainant for $15,000. Respondent stated that it would provide Complainant with a cost estimate shortly. ” registered the domain name nwa. 1998, Complainant sent a cease and desist letter to Respondent by certified mail. 5, 2001) (finding no rights or legitimate interests because Respondent is not commonly known by the disputed domain name or using the domain name in connection with a legitimate or fair use). See Dollar Financial Group, Inc. net domain name to lure Internet users to its website, allegedly for commercial gain, is evidence of bad faith under Policy ¶ 4(b)(iv). 7, 2000) (finding that a $7,500 asking price for a domain name showed evidence of bad faith); see also Biofield Corp. , Spokane, WA, USA (“Respondent”). Complainant submitted a Complaint to the National Arbitration Forum (the “Forum”) electronically on June 5, 2001; the Forum received a hard copy of the Complaint on June 7, 2001. Diego-Arturo Bruckner, D2000-0277 (WIPO May 30, 2000) ("The domain name is so obviously connected with the Complainant and its services that its very use by someone with no connection with the Complainant suggests Respondent’s use of the nwa. Respondent failed to identify any legitimate interest in the domain name nwa. net where the Respondent linked these domain names to its pornographic website); see also Geoffrey, Inc. 97368 Complainant is Northwest Airlines, Inc. ” Complainant answered Respondent’s December 2, 1998 e-mail on December 7, 1998 with a letter reiterating Complainant’s rights to the NWA marks and demands, and requesting that Respondent provide Complainant with information concerning the intended content of the nwa. ” Therefore, the Panel may issue its Decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum’s Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any Response from domain name be transferred from Respondent to Complainant. Kwon, AF-0102 (eResolution March 23, 2000) (finding an offer to sell for $1,000 was evidence of bad faith); see also Corinthians Licenciamentos LTDA v. Names, D2000-0370 (WIPO June 27, 2000) (finding that absent contrary evidence, linking the domain names in question to graphic, adult-oriented websites is evidence of bad faith); see also Oxygen Media, LLC v. The disputed domain name has been contact lens change eye color registered and used in bad faith, as shown by evidence that (i) Respondent registered a domain name that incorporates Complainant’s famous mark NWA in its entirety with actual or constructive knowledge of Complainant’s mark; and (ii) the disputed domain name was registered or acquired for the purpose of selling, renting or otherwise transferring it to Complainant for valuable consideration in excess of Respondent’s philips universal remote control out-of-pocket costs. Click Here to return to our Home Page. Respondent stated that it planned to introduce a website, and that nwa. See Victoria’s Secret et al v. ” At that time, Respondent stated it was willing to transfer the domain name if Complainant would reimburse the client for costs attendant to promoting whatever new domain name the client chose. 25, 2000) (finding bad faith where Respondent linked the domain name to a website that offers a number of web services); see also State Farm Mut. Shan Computers, D2000-0325 (WIPO June 27, 2000) (finding that the domain name toshiba. com in bad faith because Respondent intends to use Complainant’s marks to attract the public to the web site without permission from Complainant); see also Youtv, Inc. Having reviewed the communications records, the Administrative Panel (the “Panel”) finds italian custom suitpolish stoneware that the Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) “to employ reasonably available means calculated to achieve actual notice to Respondent. Therefore, the Panel finds that Policy ¶ 4(a)(i) has been satisfied. Respondent also failed to substantiate the claim that he had incurred $15,000 in costs for the domain name. net by Having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, the Forum transmitted to the parties a Notification Complainant’s request to have the dispute decided by a single-member Panel, the Forum appointed the Hon. net is identical to Complainant’s NWA mark. at all relevant times has been the exclusive owner of a United States service mark for the mark NWA. net domain name, and that said advertising would have to be reprinted once the new domain name was selected. On June 7, 2001, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of June 27, 2001 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts, and to postmaster@nwa. com and that Respondent is the current registrant of the name. Currently, the domain name does not 15(a) of the Rules instructs this 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. On June 6, 2001, Itsyourdomain. In 2000, Complainant transported more than 58 million passengers. trademark application for the distinctive mark NWA (Ser. famousness of Complainant’s family of NWA marks, it would be unlikely that Respondent is commonly known by the nwa. Respondent is not commonly known by the disputed domain name, nor is Respondent using the domain name in connection with a legitimate noncommercial or fair use. return to the main Domain Decisions Page. In this letter, Complainant described its extensive trademark rights in its NWA marks, and demanded that Respondent cease all use of the NWA marks and surrender the domain name registration for nwa. ” Respondent contacted Complainant on February 10, 1999, indicating that Respondent owned the domain name “on behalf of its client, Northwest Amateurs, a musical association. As of April 16, 2000, Respondent’s entry page for an adult website remained at the nwa. 6, 2000) (finding that the domain name nike. com registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”). The undersigned certifies that he has acted independently and impartially and to the best of his knowledge, has no known conflict in serving as Panelist in this proceeding. 25, 2000) (finding bad faith where Respondent attracted users to his website for commercial gain and linked his website to pornographic websites). COM service marks owned and used by Complainant. com website were approximately $400 million in 2000. com domain name to sell adult sex products is dillutive of Complainant’s well-known family of marks). 4, 2000) (finding that “Respondents’ failure to respond can be construed as an admission that they have no legitimate interest in the Domain Respondent is not making a bona fide offering of goods or services which is not calculated to mislead consumer or tarnish Complainant’s NWA mark. A click on the “ENTER” link on the page led to another warning page that proclaimed, “WARNING! This site contains sexually oriented material intended for consenting adults of at least 18 years old. The domain name at issue is nwa. 29, 2000) (stating that “In the absence of a response, it is appropriate to accept as true all allegations of the Complaint”); see also Woolworths plc. Specifically, Respondent stated that it green building new york had prepared fliers and other advertising that referred to the nwa. at all relevant times has been the exclusive owner of a United States service mark for the distinctive mark NWA, which has been used since at least 1946 in connection with air transportation services. Any offer to sell a domain name in excess of out-of-pocket expenses is evidence of bad faith under Policy ¶ 4 (b)(i). ” In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of the Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) requires that the Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred: (1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; (2) the Respondent has no rights or legitimate interests in respect of the domain name; and registered and is being used in bad faith.
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