Intelligent Controls, Inc. v Yun Sung Lee
Claim Number: FA0101000096485
The Complainant is Michael L. Johnson Intelligent Controls, Inc., Saco, ME, USA (“Complainant”). The Respondent is Yung S. Lee, sungbook-gu Seoul, Korea (“Respondent”).
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is "incon.com" registered with IBI CO., LTD.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge, has no known conflict in serving as a panelist in this proceeding.
Complainant submitted a Complaint to the National Arbitration Forum (the “Forum”) electronically on January 23, 2001; the Forum received a hard copy of the Complaint on January 25, 2001. The Complaint was submitted in English with a Korean translation.
On January 30, 2001, IBI CO., LTD confirmed by e-mail to the Forum that the domain name "incon.com" is registered with IBI CO., LTD and that the Respondent is the current registrant of the name. IBI CO., LTD has verified that Respondent is bound by the IBI CO., 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”). IBI further confirmed that the registration agreement is in Korean.
On February 6, 2001, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of February 26, 2001 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 firstname.lastname@example.org by e-mail.
Having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, the Forum transmitted to the parties a Notification of Respondent Default.
On _________________, pursuant to Complainant’s request to have the dispute decided by a One Member panel, the Forum appointed _____________________ as Panelist.
Having reviewed the communications records, the Administrative Panel (the “Panel”) finds that the 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 Forum’s Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any Response from the Respondent.
The Complainant requests that the domain name be transferred from the Respondent to the Complainant.
Complainant alleges the following:
1) Respondent’s domain name, incon.com, is obviously identical to Complainant’s registered mark, INCON.
2) Respondent has no rights or legitimate interests in the domain name at issue.
3) Repondent registered and used the domain name at issue in bad faith.
Respondent has not submitted a response in this matter.
Complainant, Intelligent Controls, Inc., owns the registered mark INCON, which it has used since 1978 in connection with various computer products and services. Complainant has spent substantial sums of money developing and marketing the goods and services associated with its registered mark.
Respondent, Yung Sung Lee, has not used the domain name at issue since its registration. On December 20, 2000, Complainant contacted Respondent to inquire about the possibility of transferring the domain name at issue, to which Respondent offered to sell the domain name to Complainant for $9,000.
Paragraph 15(a) of 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.”
In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of the Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules.
Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(2) the Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
Identical and/or Confusingly Similar
Rights or Legitimate Interests
Registration and Use in Bad Faith
Having established all three elements required under ICANN Policy, the Panel concludes that the requested relief shall be and is hereby granted.
Accordingly, it is Ordered that the domain name, incon.com, be transferred from Respondent to Complainant.
Dated: May 31, 2001
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