Microssystems.net

The timeline behind microssystems.net

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

NATIONAL ARBITRATION FORUM DECISION MICROS Systems, Inc. v. Walkercity Claim Number: FA0503000444485 PARTIES Complainant is MICROS Systems, Inc. (“Complainant”), represented by Michael H. Tow, 7031 Columbia Gateway Drive, Columbia, MD 21046-2289. Respondent is Walkercity (“Respondent”), represented by David W. Centner, of Law, Weathers and Richardson, P.C., 800 Bridgewater Place, 333 Bridge Street NW, Grand Rapids, MI 49504. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <microssystems.net>, registered with Melbourne It, Ltd. d/b/a Internet Names Worldwide. PANEL The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding. David P. Miranda, Esq. as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on March 21, 2005; the National Arbitration Forum received a hard copy of the Complaint on March 25, 2005. On March 21, 2005, Melbourne It, Ltd. d/b/a Internet Names Worldwide confirmed by e-mail to the National Arbitration Forum that the domain name <microssystems.net> is registered with Melbourne It, Ltd. d/b/a Internet Names Worldwide and that the Respondent is the current registrant of the name. Melbourne It, Ltd. d/b/a Internet Names Worldwide has verified that Respondent is bound by the Melbourne It, Ltd. d/b/a Internet Names Worldwide 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 April 1, 2005, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of April 21, 2005 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@microssystems.net by e-mail. A timely Response was received and determined to be complete on April 18, 2005. On April 25, 2005, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed David P. Miranda, Esq. as Panelist. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. PARTIES’ CONTENTIONS A. Complainant The domain name that is the subject of this Complaint is microssystems.net. According to the WhoIs record maintained by the applicable domain name registrar, the domain name at issue, www.microssystems.com, was registered by “walkercity,” with a postal address at 4243 Remembrance Road, NW, Walker, MI 49544, USA. The administrative contact is identified as “David Himmler” at the same postal address, with telephone number: +1 616-735-6286. Complainant contends that the Registration information is false. The Walker, Michigan postal address is that of city hall for the City of Walker, Michigan. The telephone number is that of the City of Walker Ice and Fitness Center, also in Walker, Michigan, but with a different street address. Complainant has not located anyone named David Himmler living in Walker Michigan. The domain name was registered and the site established purporting to be operated by MICROS Systems, Inc., or an authorized office location of MICROS. MICROS has never had, and does not currently have, an authorized office location in San Ysidro, California (or Walker, Michigan). The name www.microssystems.net, and the content and design of the website, were intended to convey the impression that it was a legitimate website of MICROS Systems, Inc. One of MICROS’s suppliers, Tiger Direct, received a purchase order purporting to be from MICROS, with the “ship-to” and “bill-to” addresses as the San Ysidro address referenced above. The order was for 5 Toshiba laptops. By using the domain name, the Registrant intentionally attempted to engage in a fraudulent purchase of computer equipment from one of MICROS’s suppliers, by creating the appearance of legitimacy for its operation through the use of the website. The Complainant requests that the Panel issue a decision that the domain-name registration be transferred. B. Respondent Respondent does not dispute Complainant’s claims with respect to the domain name at issue here in which the Complainant has rights, and further does not dispute and hereby consents to the requested relief. ICANN Rule 3(b)(ix)(1); ICANN Policy ¶ 4(a)(i). Respondent should NOT be considered as having rights or legitimate interests in respect of the domain name that is the subject of the complaint.] ICANN Rule 3(b)(ix)(2); ICANN Policy ¶ 4(a)(ii). Neither the City of Walker nor any authorized officer, agent, or employee participated in the registration of the domain name at issue in this matter. The City of Walker does not currently have, nor has it ever had, an employee by the name of “David Himmler.” The Registrant of the domain name at issue did not have the authority to use Respondent’s name, the City of Walker, nor the address of the City of Walker’s municipal offices, or the address of the adjoining City of Walker Ice and Fitness Center Respondent The City of Walker, Michigan did not register or use the subject domain name and consents to and does not object to the relief requested by Complainant. C. Additional Submissions None FINDINGS Transfer of the domain name is warranted based upon the clear proof of fraudulent conduct in the registration and Respondent’s consent to the relief requested. DISCUSSION Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.” Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred: (1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; (2) the Respondent has no rights or legitimate interests in respect of the domain name; and (3) the domain name has been registered and is being used in bad faith. Identical and/or Confusingly Similar Rights or Legitimate Interests Registration and Use in Bad Faith In its Response, Respondent states that it “consents to and does not object to the relief, transfer of the <miscrossystems.net> domain name requested by Complainant.” The Panel finds that where such a stipulation is made, the Panel may grant the relief requested with respect to the domain name. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003) (transferring the domain name registration where Respondent stipulated to the transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat Arb. Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . Since the requests of the parties in this case are identical, the Panel may recognize the common request, and it is not required to make findings of fact or of compliance (or not) with the Policy.”). DECISION There being consent to the relief requested in the Complaint, under the ICANN Policy, the Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <microssystems.net> domain name be TRANSFERRED to Complainant. David P. Miranda, Esq., Panelist Dated: May 11, 2005 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page

Source of record: FORUM . Reproduced for research; FORUM is the authoritative source.