CKM Investment Group, LLC. d/b/a Ole Madrid & Onyx Room, LLC. v Dushan Mitrovich
Claim Number: FA0105000097301
PARTIES
Complainant is CKM Investment Group, LLC. d/b/a Ole Madrid & Onyx Room, LLC, San Diego, CA, USA (“Complainant”) represented by Stephen G. Cline. Respondent is Dushan Mitrovich, San Diego, CA, USA (“Respondent”).
REGISTRAR AND
DISPUTED DOMAIN NAME
The domain names at issue are <olemadrid.com> and <onyxroom.com> registered with Network Solutions.
PANEL
On June 20, 2001, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the Forum appointed James P. Buchele as Panelist.The undersigned certifies that he has acted independently and impartially and to the best of hir knowledge, has no known conflict in serving as Panelist in this proceeding.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum (the “Forum”) electronically on May 21, 2001; the Forum received a hard copy of the Complaint on May 21, 2001.
On May 23, 2001, Network Solutions confirmed by e-mail to the Forum that the domain names <olemadrid.com> and <onyxroom.com> are registered with Network Solutions and that Respondent is the current registrant of the name. Network Solutions has verified that Respondent is bound by the Network Solutions 4.0 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”).
On May 23, 2001, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of June 12, 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 postmaster@olemadrid.com and postmaster@onyxroom.com 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.
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 Respondent.
RELIEF SOUGHT