WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
CBS Broadcasting, Inc. v. Y2K Concepts Corp.
Case No. D2000-1065
1. The Parties
The Complainant is CBS Broadcasting Inc., a New York corporation with its principal place of business at 51 West 52nd Street, New York, New York 10019, USA.
The Respondent is Y2K Concepts Corp., having an address of 436 14th Street, Suite 810, Oakland, CA 94612, USA.
2. The Domain Name and Registrar
The disputed domain name is "cbsone.com."
The registrar of the disputed domain name is Domain Direct, Tucows.com, Inc. with a business address in Toronto, Ontario, Canada.
3. Procedural History
3.1 Complainant initiated the proceeding by filing a Complaint, received by the WIPO Arbitration and Mediation Center ("WIPO") on August 15, 2000.
3.2 On September 1, 2000, all formal requirements for the establishment of the Complaint were checked by WIPO and found to be in compliance with the ICANN Uniform Domain Name Dispute Resolution Policy (the "Policy"), the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for Domain Name Dispute Resolution Policy (the "Supplemental Rules"). The Panel accepts the WIPO checklist as evidence of proper compliance with the Policy, Rules, and Supplemental Rules.
3.3 On September 22, 2000, WIPO transmitted notification of the Complaint and commencement of the proceedings to Respondent.
3.4 On October 14, 2000, WIPO transmitted notification to Respondent of its default in responding to the Complaint via e-mail and courier mail.
3.5 On November 16, 2000, WIPO invited the undersigned to serve as panelist in this administrative proceeding, subject to receipt of an executed Statement of Acceptance and Declaration of Impartiality and Independence ("Statement and Declaration"). On November 18, 2000, the undersigned transmitted by facsimile the executed Statement and Declaration to WIPO.
3.6 On November 21, 2000, Complainant and Respondent were notified by WIPO of the appointment of the undersigned sole panelist as the Administrative Panel (the "Panel") in this matter. WIPO notified the Panel that, absent exceptional circumstances it would be required to forward its decision to WIPO by December 5, 2000.
3.7 At the request of the Panel, WIPO granted the Panel a one week extension of time through December 12, 2000 in which to forward its decision.
The Panel has not received any requests from Complainant or Respondent regarding further submissions, waivers or extensions of deadlines, and the Panel has not found it necessary to request any further information from the parties. The proceedings have been conducted in English.
4. Factual Background
4.1 Complainant CBS Broadcasting, Inc. is the current owner of U.S. Trademark Registration No. 852,481, registered July 9, 1968, for the mark CBS for radio and television broadcasting services. CBS Broadcasting is also the current owner of U.S. Trademark Registration No. 777,570 for the mark CBS and eye design.
4.2 Y2K Concepts Corp. is the registrant of the Internet domain name "cbsone.com".
4.3 The domain name "cbsone.com" currently resolves to the GreatDomains.com web site were it is being offered for sale.
4.4 The Whois information indicates that Respondent registered the domain name "cbsone.com" on May 9, 2000.
5. Partiesí Contentions
"On May 9, 2000, Respondent registered the domain name CBSONE.com. Although this domain name is not identical to Complainantís CBS mark, it is confusingly similar to the mark CBS."
"Respondent has no rights or legitimate interests in the domain name. Respondent can produce no valid evidence that it is commonly known by the name CBSONE or CBSONE.com."
"Respondent has registered the CBSONE.com domain name in bad faith. Respondentís bad faith is evidenced by the fact that Respondent has registered the domain name primarily for purposes of selling it for valuable consideration in excess of the documented out-of-pocket costs directly related to the domain name."
"Specifically, after registering the domain name, Respondent established a web site at the URL CBSONE.com, which serves no purpose but to solicit offers for the CBSONE.com domain name."
"Respondent also offers the cbsone.com domain name for sale at the GreatDomains.com web site."
"Respondentís bad faith is further demonstrated by the fact that Respondentís administrative contact has sent correspondence to in-house counsel for CBS, offering to sell the domain name for an "asking price" of "$150,000 to $250,000." Respondent also stated that if CBS did not accept Respondentís "asking price, within 10 days," Respondent would "auction the cbsone.com on ebay," which provides additional evidence of Respondentís bad faith."
Respondent did not file a response to the Complaint.
6. Discussion and Findings
6.1 The Uniform Domain Name Dispute Resolution Policy (the "Policy"), adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on August 26, 1999 (with implementing documents approved on October 24, 1999), is addressed to resolving disputes concerning allegations of abusive domain name registration. The Panel will confine itself to making determinations necessary to resolve this administrative proceeding.
6.2 It is essential to dispute resolution proceedings that fundamental due process requirements be met. Such requirements include that a Respondent have notice of proceedings that may substantially affect its rights. The Policy, and the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"), establish procedures intended to assure that Respondents are given adequate notice of proceedings commenced against them, and a reasonable opportunity to respond (see, e.g., paragraph 2(a) of the Rules).
6.3 Based upon air courier receipts and confirmations of e-mails sent to the Respondent, the Panel is satisfied that WIPO took all steps reasonably necessary to notify the Respondent of the filing of the Complaint and initiation of these proceedings. The Panel also finds that the failure of the Respondent to furnish a reply is not due to any omission by WIPO.
6.4 Paragraph 4(a) of the Policy sets forth three elements that must be established by a Complainant to merit a finding that a Respondent has engaged in abusive domain name registration, and to obtain relief. These elements are that:
(i) Respondentís domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) Respondent has no rights or legitimate interests in respect of the domain name; and
(iii) Respondentís domain name has been registered and is being used in bad faith.
In the administrative proceeding, the Complainant must prove that each of these three elements are present.
6.5 As the Respondent has failed to submit a response to the Complaint, the Panel accepts as true all of the allegations of the Complaint. See Talk City, Inc. v. Michael Robertson, D2000-0009, February 29, 2000.
6.6 Complainant asserts that although the domain name "cbsone.com" is not identical to its CBS mark, it is confusingly similar to the mark CBS.
6.7 Although the "cbsone.com" domain name is not identical to the trademark CBS, a finding of similarity cannot be avoided by adding a common or generic term to the Complainantís mark. See Wal-Mart Stores, Inc. v. Walmarket Canada, WIPO D2000-0150 (WAL-MART and "walmartcanada.com" are confusingly similar); CSA International v. John OíShannon and Care Tech Industries, Inc., WIPO D2000-0071 ("csa-canada.com" is substantially identical to and confusingly similar to CSA trademark).
6.8 The Panel finds that the "cbsone.com" domain name is confusingly similar to the trademark CBS, and that the Complainant has established it has rights in the mark CBS pursuant to paragraph 4(a)(i) of the Policy.
6.9 Paragraph 4(b) of the Policy lists several factors, without limitation, that if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith. In particular, paragraph 4(b)(i) states:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant who is the owner of the trademark or service mark or to a competitor of that Complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name.
6.10 In light of (1) the Respondent offering to sell the domain name on the GreatDomains.com domain name auction web site, (2) the Respondent's offering to sell the domain name to the Complainant for an asking price of $150,000.00 to $250,000.00, and (3) threatening to auction the domain name on eBay, the Panel finds that these circumstances indicate that the Respondent registered the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant for valuable consideration far in excess of the Respondent's documented out-of-pocket costs directly related to the domain name.
6.11 The Panel finds that the Complainant has established that the Respondent registered and used the domain name "cbsone.com" in bad faith.
As the Complainant, CBS Broadcasting Inc., has established that the Respondent, Y2K Concepts Corp., has engaged in abusive registration of the domain name "cbsone.com" within the meaning of paragraph 4(a) of the Policy, the Panel orders that the domain name "cbsone.com" be transferred to the Complainant.
R. Eric Gaum
Dated: December 12, 2000