j2 Global Communications, Inc. v. Michael Vanderkooi
Claim Number: FA1108001403330
Complainant is j2 Global Communications, Inc. (“Complainant”), represented by Leanne Larsen, California, USA. Respondent is Michael Vanderkooi (“Respondent”), Canada.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <j2globalcommunication.com>, <j2-global.com>, <evoiceapps.com>, and <evoicetrials.com>, registered with 1 & 1 Internet Ag.
The
undersigned certifies that he or shas acted independently and
impartially, and, to the best of his knowledge, has no conflict of interests in
serving as Panelist in this proceeding.
Terry F. Peppard as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on August 15, 2011; the National Arbitration Forum received payment on August 15, 2011.
On August 19, 2011, 1 & 1 Internet Ag confirmed by e-mail to the National Arbitration Forum that the <j2globalcommunication.com>, <j2-global.com>, <evoiceapps.com>, and <evoicetrials.com> domain names are registered with 1 & 1 Internet Ag and that Respondent is the current registrant of the names. 1 & 1 Internet Ag has verified that Respondent is bound by the 1 & 1 Internet Ag registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On August 22, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 12, 2011 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@j2-global.com, postmaster@j2globalcommunication.com, postmaster@evoiceapps.com, and postmaster@evoicetrials.com. Also on August 22, 2011, the Written Notice of the Complaint, notifying Respondent of the email addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.
Having received no response from Respondent in compliance with the requirements of the Policy, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On September 14, 2011, 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" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. 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 a compliant response from Respondent.
Complainant requests that the domain names be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
Complainant is a provider of cloud-based business communications and storage messaging services.
Under its J2 mark and brand, Complainant provides its cloud-based services through a global communications network in more than 4,600 cities and 49 countries on six continents.
Complainant also provides EVOICE telecommunications services for telephone, voicemail, e-mail, and electronic data transmission throughout the United States and Canada.
Complainant owns trademark registrations on file with the United States Patent and Trademark Office ("USPTO") for its J2 mark (including Reg. No. 2,747,752, registered August 5, 2003) and its EVOICE mark (including Reg. No. 3,241,256, registered May 15, 2007).
Respondent registered the <j2globalcommunication.com>, <j2-global.com>, <evoiceapps.com>, and <evoicetrials.com> domain names on August 11, 2011.
All of Respondent’s domain names resolve to the same website, which prominently recites “This Domain is for Sale!,” and which contains a section titled “Make me an offer!,” and allows Internet users to input their name, e-mail address, offer price, and any applicable message addressed to Respondent.
Respondent’s <j2globalcommunication.com> and <j2-global.com> domain names are confusingly similar to Complainant’s J2 mark.
Respondent’s <evoiceapps.com> and <evoicetrials.com> domain names are confusingly similar to Complainant’s EVOICE mark.
Respondent does not have any rights or to legitimate interests in the domain names <j2globalcommunication.com>, <j2-global.com>, <evoiceapps.com>, and <evoicetrials.com>.
Respondent both registered and uses the domain names <j2-global.com>, <j2globalcommunication.com>, <evoiceapps.com> and <evoicetrials.com> in bad faith.
B. Respondent failed to submit a Response in this proceeding in compliance with the requirements of the Policy. However, in an e-mail communication addressed to the National Arbitration Forum, Respondent recited as follows:
I … admit the allegations in the Complaint …. Please release the domains in dispute to j2 Global Communications, Inc.
Although this communication is not a response to the Complaint which complies with the requirements of the Policy or its associated Rules, the panel will nonetheless take it into account in determining how to dispose of the issues presented in this proceeding.
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following in order 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 to or legitimate interests in respect of the domain name; and
iii. the domain name has been registered and is being used by Respondent 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, for example, 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)).
DECISION
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 has, in a written communication with the National Arbitration Forum, admitted the allegations of the Complaint and given its express consent that the domain names put in issue by the Complaint be transferred to Complainant. Thus the parties have effectively agreed in writing to a transfer of the subject domain names from Respondent to Complainant without the need for further proceedings.
Accordingly, it is Ordered that the <j2globalcommunication.com>, <j2-global.com>, <evoiceapps.com>, and <evoicetrials.com> domain names be TRANSFERRED forthwith from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: September 22, 2011
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