Calstore.com, a Division of
Calstore.net, a Division of Infodrive
8, Ho-Chi-Minh Sarani
File No. 94206
The above entitled matter came on to be heard for an administrative hearing on March 20, 2000, before the undersigned arbitrator in accordance with Rule 3(b)(i) of ICANNs Uniform Domain Name Dispute Resolution Policy and Rules. The arbitrator certifies that he has no conflict of interest with any of the parties to this dispute. After due consideration of the written record as submitted, the following decision is made:
Domain Registrant:InfodriveDate: Dec 15, 1999
Domain Registrar:Network Solutions, Inc.
This action was commenced by the Complainants filing its complaint with the National Arbitration Forum (The Forum) on February 23, 2000. Thereafter, following a compliance review made in accordance with ICANN Rule 4, all necessary parties were duly notified of the commencement of the administrative proceedings. In due time the Respondent filed its Response.
FINDINGS OF FACT
While both parties have obvious reasons for wanting to use the domain name, to wit, one is in the State of California and the other is in the City of Calcutta, the Complainant has the burden of making out its case for canceling or transferring the name. To do so, it must establish that :
or service mark in which the Complainant has rights.
As indicated above, both parties have logical reasons for wanting to use the domain name. The fact that, even though a world apart, both applied to register at the almost identical moment would be an indication that neither knew of the others activities. There is no reason why either should have been aware of the other. The Complainant does not claim that the Respondent is attempting to misleadingly divert consumers or to tarnish its service mark. Nor has the Complainant proven anything which would establish that the Respondent acted in bad faith in registering the domain name.
Complainant having failed to establish items (2) and (3) as set forth above, the Complaint is denied and the Respondent should be allowed to use the domain name.
March 20, 2000