Michael R. Bloomberg v. Jens Mueller
Claim Number: FA1312001534746
Complainant is Michael R. Bloomberg (“Complainant”), represented by Meghan Hungate of Willkie Farr & Gallagher LLP, New York, USA. Respondent is Jens Mueller (“Respondent”), Germany.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <michaelbloomberg.ws>, registered with GoDaddy.com.
The undersigned certifies that he has 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 December 16, 2013; the National Arbitration Forum received payment on December 16, 2013.
On December 16, 2013, GoDaddy.com confirmed by e-mail to the National Arbitration Forum that the <michaelbloomberg.ws> domain name is registered with GoDaddy.com and that Respondent is the current registrant of the name. GoDaddy.com has verified that Respondent is bound by the GoDaddy.com 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 December 17, 2013, the Forum served the Complaint and all Annexes, in-cluding a Written Notice of the Complaint, setting a deadline of January 6, 2014 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, administrat-ive, and billing contacts, and to postmaster@michaelbloomberg.ws. Also on De-cember 17, 2013, the Written Notice of the Complaint, notifying Respondent of the e-mail 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 within the time allowed by ICANN Supplemental Rule 5, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On January 13, 2014, pursuant to Complainant's request to have the dispute de-cided 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 Not-ices, 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 any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant is the founder of BLOOMBERG PHILANTHROPIES, which exists to to make grants and conduct fundraising in, among others, the fields of human services, arts, culture, humanities, public health and medical research.
Complainant holds a registration, which is on file with the United States Patent and Trademark Office (“USPTO”) for the BLOOMBERG PHILANTHROPIES trademark (Registry No. 3,593,373, registered March 17, 2009).
Respondent registered the <michaelbloomberg.ws> domain name on or about August 9, 2013.
The domain name is confusingly similar to Complainant’s BLOOMBERG PHILANTHROPIES mark.
Respondent has not been commonly known as “Michael Bloomberg” or any variation thereof.
Respondent is not using the domain name in connection with an active website.
Respondent has neither any rights to nor any legitimate interests in the contested domain name.
Respondent is not using the domain name in connection with an active website.
Respondent was aware of Complainant’s mark and the “Michael Bloomberg” name before it registered the domain name.
Respondent registered and uses the <michaelbloomberg.ws> domain name in bad faith.
B. Respondent
Respondent has failed to submit a Response in this proceeding within the time allowed by ICANN Supplemental Rule 5. However, in correspondence addressed to the National Arbitration Forum, Respondent has declared as follows:
“It was never my intention to use this domain and I will not use this domain in the future. I just wanted to sell it but nobody wants it and now I can’t give it back. I do not want to have any trouble, so you or anybody else can take this domain.”
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;
Accordingly, it is Ordered that the <michaelbloomberg.ws> domain name be TRANSFERRED forthwith from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: January 17, 2014
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