WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
Telaxis Communications Corp. v. William E. Minkle
Case No. D2000-0005
The Complainant is Telaxis Communications Corporation, a Delaware corporation with its principal place of business located at 20 Industrial Drive East, P.O. Box 109, South Deerfield, Massachusetts, 01373. Respondent is William E. Minkle, an individual, who resides at 900 Golfers Pass Road, P.O. Box 5004, Incline Village, Nevada 89451.
The Domain Name(s) and Registrar(s)
The domain names at issue are <telaxis.com> and <telaxis.net>. The registrar is Network Solutions, Inc. ("NSI") of Herndon, Virginia.
The WIPO Arbitration and Mediation Center (the "Center") received the Complaint of Telaxis Communications Corporation on January 14, 2000 by email and on January 18, 2000 in hardcopy. The Complainant also filed a letter supplementing its Complaint with regard to the Complainant's submission to jurisdiction under Paragraph 3(b)(xiii) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"). The Center received this supplemental letter on January 14, 2000 by email and on January 17, 2000 in hardcopy. The Complainant made the required fee payment.
On January 18, 2000, the Center sent an Acknowledgement of Receipt of the Complaint to the Complainant. On the same date, the Center sent to the registrar NSI, a request for verification of registration data. On January 19, 2000, the registrar confirmed, inter alia, that it is the registrar of the domain names in dispute and that these are registered in the Respondent's name.
Having verified that the Complaint satisfies the formal requirements of the ICANN Uniform Domain Name Dispute Resolution Policy (the "Policy"), the Rules, and the Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules"), the Center on January 21, 2000 sent to the Respondent, with a copy to the Complainant, a notification of the administrative proceeding together with copies of the Complaint and of the supplemental letter. This notification was sent by the methods required under Paragraph 2(a) of the Rules. The formal date of the commencement of this administrative proceeding is January 21, 2000.
On February 11, 2000, the Center received the Respondent's Response in hardcopy, which the Center acknowledged to the parties on February 14, 2000. Also on February 14, after receiving his completed and signed Statement of Acceptance and Declaration of Impartiality and Independence, the Center appointed Mr. Richard W. Page as the single panelist (the "Presiding Panelist"). On the same date, the Center notified the parties of this appointment.
On February 23, 2000, Complainant submitted via fax a Reply to Respondentís Response for consideration by the Presiding Panelist.
On February 25, 2000, the Presiding Panelist accepted Complainantís Reply and allowed Respondent until 5:00 p.m. Pacific Standard Time on Wednesday, March 1, 2000 to file his final comments in the form of a Sur-Reply. The deadline for the delivery of the Presiding Panelistís Decision on the Complaint to the Center was extended until Monday, March 6, 2000.
On March 1, 2000, Respondent filed his Sur-Reply by fax and by email.
The trademarks upon which the Complaint is based are TELAXIS and TELAXIS COMMUNICATIONS
Since 1995, Complainant has developed and supplied high-speed or broadband, wireless access equipment to network service providers. During this time, Complainant operated under the corporate name of Millitech Corporation, Inc.
On November 1, 1998, the registrar NSI opened a record listing Respondent as the registrant of the domain name <telaxis.com>.
In November, 1998, Complainant, then known as Millitech Corporation, Inc., had no trademarks, domain names or websites using the phrase "telaxis".
In June 1999, Respondent posted a temporary website announcing the pending launch of his real estate services to the telecommunications and internet industries at the www.telaxis.com address. At this time, Respondent loaded no content onto this website.
On September 27, 1999, Complainant filed intent-to-use application Serial No. 75/809307 covering the trademark TELAXIS with the United States Patent and Trademark Office.
On September 27, 1999, Complainant filed intent-to-use application Serial No. 75/809318 covering the trademark TELAXIS COMMUNICATIONS with the United States Patent and Trademark Office.
On September 30, 1999, Complainant filed a trademark application covering TELAXIS in Morocco. That same day Morocco issued a trademark registration for TELAXIS with Registration No. 70,971.
On September 30, 1999, Respondent applied for a business license in the County of Washoe in the State of Nevada using the name "Telaxis".
On October 8, 1999, Complainant first contacted Respondent to purchase the domain name <telaxis.com>.
On October 9, 1999, Respondent registered the domain name <telaxis.net> with the registrar NSI.
In October 1999, Millitech Corporation, Inc. changed its corporate name to Telaxis Communications Corporation.
During October and November 1999, negotiations ensued regarding the potential sale of <telaxis.com> and <telaxis.net> by Respondent to Complainant for an amount in the range of US$44,000-60,000.
During December 1999, Complainant alleges that Respondent redirected <telaxis.com> and <telaxis.net> to point to websites of Claimantís competitors and/or to a pornographic website.
In February 2000, Respondent loaded content onto websites located at www.telaxis.com and www.telaxis.net.
Complainant currently uses the trademarks TELAXIS and TELAXIS COMMUNICATIONS for its wireless communications products. Complainant has registered the domain name <telaxiscomm.com> and operates a website at www.telaxiscomm.com.
Discussion and Findings
Claimant has failed to prove the necessary elements that the Respondent had no rights or legitimate interest in the domain names and that Respondent registered the domain names in bad faith. Therefore, the remedies requested by Claimant pursuant to Paragraph 4.i of the Policy and Paragraph 15 of the Rules are denied. Respondent shall not be required to cancel or to transfer to Claimant the domain name <telaxis.com> or <telaxis.net>.
Richard W. Page
Dated: March 5, 2000