national arbitration forum




Yahoo! Inc. v. Arvind a/k/a

Claim Number: FA0805001195134



Complainant is Yahoo! Inc. (“Complainant”), represented by David M. Kelly, of Finnegan, Henderson, Farabow, Garrett & Dunner L.L.P., Washington, D.C., USA.  Respondent is Arvind a/k/a (“Respondent”), India.



The domain name at issue is <>, registered with Directi Internet Solutions Pvt. Ltd.



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.


Terry F. Peppard as Panelist.



Complainant submitted a Complaint to the National Arbitration Forum electronically on May 27, 2008; the National Arbitration Forum received a hard copy of the Complaint on May 28, 2008.


On May 28, 2008, Directi Internet Solutions Pvt. Ltd. confirmed by e-mail to the National Arbitration Forum that the <> domain name is registered with Directi Internet Solutions Pvt. Ltd. and that Respondent is the current registrant of the name.  Directi Internet Solutions Pvt. Ltd. has verified that Respondent is bound by the Directi Internet Solutions Pvt. Ltd. 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").


On May 29, 2008, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of June 18, 2008
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 by e-mail.


Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.


On June 23, 2008, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Terry F. Peppard as sole Panelist in this proceeding.


Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration 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 may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.



Complainant requests that the domain name be transferred from Respondent to Complainant.



A.  Complainant makes the following assertions:


Complainant is a worldwide Internet communications, media, and commerce company that provides a variety of Internet services. 


Since 1994, Complainant has operated under the YAHOO! trademark and service mark, which is registered with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 2,403,227, issued November 14, 2000).  


Complainant has also registered the YAHOO! mark with the Indian Office of the Controller General of Patents, Designs & Trade Marks (Reg. No. 766,143, issued February 1, 2007). 


Complainant also owns and operates the <> domain name in conjunction with its Internet-based operations.


Respondent, based in India, registered the disputed <> domain name on March 17, 2008, and is not currently using the domain name to resolve to any operating website. 


Respondent has offered to sell the disputed domain name to Complainant in return for $250,000.00, which offer Complainant refused.


Respondent’s <> domain name is confusingly similar to Complainant’s YAHOO! mark.


Respondent does not have any rights to or legitimate interests in the domain name <>.


Respondent registered and uses the <> domain name in bad faith.


B.  Respondent failed to submit a Response in this proceeding in compliance with the ICANN Policy and Rules.  However, in an e-mail exchange with the National Arbitration forum, Respondent declared:  “We are ready to give the domain to Yahoo Inc.”



Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following to obtain from a Panel an order that a domain name be transferred:


i.         the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights;

ii.       Respondent has no rights or legitimate interests in respect of the domain name; and

iii.      the domain name has been registered and is being used in bad faith.


Notwithstanding the foregoing, Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (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.”


Further, Policy ¶ 3(a) provides for the transfer of a domain name registration upon the written instructions of the parties to a UDRP proceeding without the need for otherwise required findings and conclusions. See Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Ar. Forum Jan. 13, 2004;  see also Disney Enterprises, Inc. v. Morales, FA 475191 (Nat. Arb. Forum Jun. 24, 2005). 



Respondent does not contest the material allegations of the Complaint, and, in particular, it does not contest Complainant’s request that the disputed domain name be transferred to Complainant. Rather, Respondent, in an e-mail communication with the National Arbitration Forum, indicates its willingness that the subject domain name be transferred to Complainant. Thus the parties have effectively agreed in writing to a transfer of the subject domain name from Respondent to Complainant without the need for further proceedings.


It is therefore Ordered that the <> domain name be forthwith TRANSFERRED from Respondent to Complainant.





Terry F. Peppard, Panelist

Dated:  July 2, 2008



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