ADMINISTRATIVE PANEL DECISION
Under the ICANN Uniform Domain Name Dispute Resolution
Complainant: Naturwood Furniture
2. Procedural History:
The electronic version of the Complaint form was filed on-line through eResolution's Website on August 15, 2000. The hardcopy of the Complaint Form was received on August 21, 2000. Payment was received on August 24, 2000.
Upon receiving all the required information, eResolution's clerk proceeded to:
- Confirm the identity of the Registrar for the contested Domain Name;
- Verify the Registrar's Whois Database and confirm all the required contact information for Respondent;
- Verify if the contested Domain Name resolved to an active Web page;
- Verify if the Complaint was administratively compliant.
The inquiry leads the Clerk's Office of eResolution to the following conclusions: the Registrar is Network Solutions Inc., the Whois database contains all the required contact information, the contested Domain Name resolves to an inactive Web page and the Complaint is administratively compliant.
An email was sent to the Registrar by eResolution Clerk's Office to confirm the name of the billing contact and to obtain a copy of the Registration Agreement on August 15, 2000. The requested information was received August 17, 2000.
The Clerk's Office then proceeded to send a copy of the Complaint Form and the required Cover Sheet in accordance with paragraph 2 (a) of the ICANN's Rules for Uniform Domain Name Dispute Resolution Policy.
The Clerk's Office fulfilled all its responsibilities under Paragraph 2(a) in connection with forwarding the Complaint to the Respondent on August 25, 2000. That date is the commencement date of the administrative proceeding.
On August 25, 2000, the Clerk's Office notified the Complainant, the Respondent, the concerned Registrar, and ICANN of the date of commencement of the administrative proceeding.
The complaint, official notification and all the annexes were sent by Canadian Registered Postal Mail to the respondent's various addresses. According to the Canadian Postal Mail tracking system, all were delivered on August 28, 2000.
On September 14, 2000, the Clerk's Office notified the Respondent and the Complainant of the failure of the first one to respond to the complaint. It also informed the parties that according to ICANN Rules Art.5 (ix)(e)"If a respondent does not submit a response, in the absence of exceptional circumstances, the Panel shall decide the dispute based upon the complaint"
On September 15, 2000, the Clerk's Office contacted Mr. L.J. Gibbons, and requested that he acts as panelist in this case.
On September 18, 2000, Mr. L.J. Gibbons, accepted to act as panelist in this case.
On September 19, 2000, the Clerk's Office forwarded a user name and a password to Mr. L.J. Gibbons, allowing him to access the Complaint Form, the Response Form, and the evidence through eResolution's Automated Docket Management System.
On September 19, 2000, the parties were notified that Mr. L.J. Gibbons had been appointed and that a decision was to be, save exceptional circumstances, handed down on October 2, 2000.
3. Factual Background
The facts are stated in the discussion and findings section.
4. Parties' Contentions
Complainant alleges that Respondent has no legitimate interest in the domain name naturwood.com and has registered it in bad faith.
5. Discussion and Findings
It is important to note that the respondent elected not to respond to the complaint. Accordingly, I reviewed the complaint as to whether it established a prima facia case for the transfer of the domain name, and I accepted as true the allegations stated in the complaint. My review was facilitated by the well pled and documented complaint submitted by the complainant.
I make the following findings of fact:
For the foregoing reasons, it is the judgment of the arbitrator that the domain name naturwood.com shall be TRANSFERRED to the complainant.
Signed this 2nd day of October, 2000, in the City of Toledo, State of Ohio, United States of America.
(s) Llewellyn Joseph Gibbons