THE NATIONAL ARBITRATION FORUM
P.O. BOX 50191
MINNEAPOLIS, MINNESOTA 55405 USA
FaceTime Communications, Inc.
Live Person, Inc.
Forum File No.: FA0001000092048
The above entitled matter came on for an administrative hearing on February 18, 2000 before the undersigned on the Complaint of FaceTime Communications, Inc., hereafter "Complainant", against Live Person, Inc., hereafter "Respondent". Complainant was represented by Paul E. Fahrenkopf, Esq., 1401 Eye Street, NW, Suite 500, Washington, D.C., 20005. There was no representation on behalf of Respondent. Upon the written submitted record, the following DECISION is made:
Domain Name: facetime.com
Domain Name Registrar: Network Solutions, Inc.
Domain Name Registrant: Live Person, Inc.
Date of Domain Name Registration: January 4, 2000
Date Complaint Filed: January 14, 2000
Date of Commencement of the Administrative Proceeding in Accordance with Rule 2(a) and Rule 4(c)1: January 14, 2000
Due Date for a Response: February 7, 2000. Respondent did not submit a Response to the Complaint.
After reviewing the Complaint, and determining it to be in administrative compliance, the National Arbitration Forum (The Forum) forwarded the Complaint
to the Respondent on January 14, 2000 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 Live Person, Inc., Network Solutions, Inc., the Internet Corporation for Assigned Names and Numbers (ICANN), and the Complainant that the administrative proceeding had commenced. Respondent did not submit a response to The Forum within twenty (20) days pursuant to Rule 5(a).
On January 4, 2000, Respondent registered the domain name "facetime.com" with Network Solutions, Inc., the entity that is the Registrar of the domain name. On January 14, 2000, Network Solutions, Inc. verified that Respondent is the Registrant for the domain name "facetime.com", and that further by registering its domain name with Network Solutions, Inc., Respondent agreed to resolve any dispute regarding its domain name through ICANNs Rules for Uniform Domain Name Dispute Resolution Policy, and the Uniform Domain Name Dispute Resolution Policy.
FINDINGS OF FACT
2. Complainant, FaceTime Communications, Inc., is the owner of a U.S. federal
trademark registration (Registration No. 2,296,859) issued November 30, 1999 for the trademark FACETIME for "computer software used for communicating over global computer networks using voice, text, fax, or e-mail". Complainants U.S. registration for FACETIME was filed on February 23, 1998 and registered on November 30, 1999, both prior to Respondent becoming the record owner of the domain name facetime.com, on January 4, 2000. Complainants use of FACETIME for its services, since November, 1998, predates Respondents ownership of the subject domain name (January 4, 2000).
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:
Based upon the above findings and conclusions, and pursuant to Rule 4(i), it is decided as follows:
THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME facetime.com REGISTERED BY RESPONDENT, Live Person, Inc., BE TRANSFERRED TO COMPLAINANT, FaceTime Communications, Inc.
Dated: February 18, 2000
Hon. Harold Kalina