ADMINISTRATIVE PANEL DECISION

Under the ICANN Uniform Domain Name Dispute Resolution Policy

1. Parties and Contested Domain Name

a)   Complainant’s Identity

b)  Respondent’s Identity

c) Contested Domain Name:

.com

2. Procedural history

The Request for Service for the case: AF00908 from Clerk’s office was received on July 31, 2001. A Declaration of Independence and Impartiality was signed as a 1 member panel by me on August 1, 2001. The Clerk’s office responded with the appointment and the password. The complaint information has been well read. There are six annexes from complainant. There has been no response from the respondent.

3. Factual Backgrounds

( means “mark” in Chinese) and “” are the registered trademarks of Changsha Cigarette Factory, one of the top ranking cigarette factories in China. was registered with the China National Industry and Commerce Administration Bureau in October 1979. "" was registered as a trademark with the China National Industry and Commerce Administration Bureau in February 2001.

 In 1991, "" mark was certified by the China National Industry and Commerce Administration Bureau to qualify for the First Consumer Election Contest for China's Famous Trademarks. 

In 1992, ""mark was elected as the Famous Trademark in Hunan Province for 1992 by the consumers. The award certification issued by the Hunan Provincial Industry and Commerce Administration Bureau

In 1997 the Hunan Provincial Industry and Commerce Administration Bureau certified "" as the Hunan Province's Famous Trademark.

The mark "" is associated with Changsha Cigarette Factory for its good reputations among consumers. The entity running the website .com has nothing to do with Changsha Cigarette Factory and has sought no authorization from Changsha Cigarette Factory to use the domain name.

4. Parties' Contentions

The Complainant Changsha Cigarette Factory has been seeking, specify, in accordance with the Policy, the domain name “.com” be transferred to the complainant.

5. Discussions and Findings

Based on the complainant information raised by Changsha Cigarette Factory and the response (no response at all) from the Respondent, in accordance with the Policy, the facts have been found by the Panel:
.com is a combination of "" and “.com”, is confusingly similar to the mark and "" which belongs to Changsha Cigarette Factory;

The products of and and  “” cigarette made by Changsha Cigarette Factory has been nationally famous since early 1990’s in China. The entity running the website .com has no right or other legally protected interest with the mark   and "", and neither has anything to do with Changsha Cigarette Factory nor has ever sought authorization from Changsha Cigarette Factory to use the mark;

The domain name .com was registered on November 2000 long after the mark became famous in China.

All the above facts show clearly that the respondent’s deed is provided with copy or similarity, illegitimacy and bad faith.

The panel of this case was formed on the date 1st of August of 2001. Zhou Lin, the panelist of this one member panel, based on the Paragraph 4i of the Policy, gave his decision in writing on the date 15th of August of 2001: the domain name registered by respondent is confusingly similar to the trademark in which the complainant has rights, and that the respondent has no right or legitimate interest in respect of the domain name, and that the respondent’s domain name has been registered and is being used in bad faith. Accordingly, the Panel requires that the registration of the domain name <.com> be transferred to the complainant.

6. Conclusion

For all of the foregoing reasons, the Panel decides that the domain name registered by respondent is confusingly similar to the trademark in which the complainant has rights, and that the respondent has no right or legitimate interest in respect of the domain name, and that the respondent’s domain name has been registered and is being used in bad faith. Accordingly, pursuant to Paragraph 4i of the Policy, the Panel requires that the registration of the domain name <.com> be transferred to the complainant.

7. Signature