The above entitled matter came on for an administrative hearing on March 9, 2000, before a three member panel consisting of the undersigned, Judge Carolyn M. Johnson and Judge Charles K. McCotter. After due consideration of the written submitted record and full discussion by the panel, the following unanimous decision is made:
Domain Name : buyerschoice.com
Domain Registrant Byers Choice Date : December 27, 1995
Domain Name Registrar Network Solution
No known conflict of interest exists with any member of the panel.
The Complaint and Response were duly filed in accordance with the rules and regulations of the National Arbitration Forum. Subsequently, both parties filed additional responses. After confirming administrative compliance, The Forum notified the Registrar, ICANN and the Complainant that the administrative proceeding had commenced in compliance with Rule 4(d).
The Respondent registered the domain name with Network Solutions, the entity that is the Registrar of the domain name. In so doing the Respondent agreed to resolve any dispute regarding its domain name through ICANNS Uniform Domain Name Dispute Resolution Policy.
The Complaint is based on the trademark "Buyers Choice" as registered by James Frank Pearson on November 22, 1994.
FINDINGS OF FACT
At the time, Mr. Pearson was in the real estate business in the state of Washington.
which resulted in the domain name Buyerschoice.com being deactivated.
Pursuant to Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Resolution
Policy, Complainant must prove the following elements in order to obtain a favorable decision:
(1) The domain name must be identical or confusingly similar to a trademark or
service mark in which the Complainant has rights; and
The burden is on the Complainant. If he fails to prove all three elements the decision
must be for the Respondent.
After carefully reviewing all of the submittals in detail, it is the unanimous decision of this panel that the Complainant has failed to proved the second and third elements, and therefore, it is the decision of the panel that:
The domain name "buyerschoice.com" should be reactivated and retained by the Respondent.
Arbitrator for the Panel
March 9, 2000