Aoltones.com

The timeline behind aoltones.com

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 AOL LLC v. 4Media Claim Number: FA0610000828947 PARTIES Complainant is AOL LLC (“Complainant”), represented by James R. Davis, of Arent Fox PLLC, 1050 Connecticut Avenue, NW, Washington, DC 20036. Respondent is 4Media (“Respondent”), 17715 Breconwood Road, Wayzata, MN 55391. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <aoltones.com>, registered with Go Daddy Software, Inc. 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 E. Sorkin as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on October 27, 2006; the National Arbitration Forum received a hard copy of the Complaint on October 30, 2006. On October 27, 2006, Go Daddy Software, Inc. confirmed by e-mail to the National Arbitration Forum that the <aoltones.com> domain name is registered with Go Daddy Software, Inc. and that the Respondent is the current registrant of the name. Go Daddy Software, Inc. has verified that Respondent is bound by the Go Daddy Software, Inc. 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 November 1, 2006, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of November 21, 2006 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@aoltones.com by e-mail. A timely Response was received and determined to be complete on November 21, 2006. On November 28, 2006, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed David E. Sorkin as Panelist. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. PARTIES’ CONTENTIONS A. Complainant Complainant is the owner of various trademarks consisting of or incorporating the letters AOL, and contends that the disputed domain name <aoltones.com> is confusingly similar to these marks. Complainant further alleges that Respondent has no rights or legitimate interests in the disputed domain name and that the domain name was registered and is being used in bad faith. Complainant alleges that the disputed domain name was registered long after Complainant’s marks became famous, that Respondent registered the domain name to profit from consumer confusion, that Respondent has used the domain name to link to a website that sells cellular telephone ringtones in competition with Complainant, and that Respondent has also registered other domain names that combine other well-known trademarks with the word “tone” or variations thereof. B. Respondent Respondent does not dispute Complainant’s allegations as to trademark rights, confusing similarity, or rights or legitimate interests. With regard to bad faith, Respondent submits that it registered the domain name thinking that it “might be usable in the future in conjunction with Respondent[’]s business.” Respondent states that it “has no use for the domain name” and has attempted to transfer it to Complainant. FINDINGS The Panel finds that the disputed domain name is confusingly similar to Complainant’s trademarks, that Respondent lacks rights or legitimate interests in respect of the disputed domain name, and that the disputed domain name was registered and is being used in bad faith. 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. The only element on which Respondent has submitted any argument or statement is the third one, bad faith (and, in particular, bad faith registration). The Panel therefore treats the first two elements as stipulated and addresses only the third. Registration and Use in Bad Faith Complainant contends that the disputed domain name was registered and is being used in bad faith, and offers substantial evidence in support of these contentions. As to bad faith registration, Respondent’s claim that it thought the domain name “might be usable in the future” is insufficient to rebut the strong inference of bad faith that arises from the overwhelming circumstantial evidence of Respondent’s intentions at the time it registered the domain name. As to bad faith use, the substantial and unrebutted evidence offered by Complainant supports a finding of bad faith use under ¶ 4(b)(iv) of the Policy. DECISION Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <aoltones.com> domain name be TRANSFERRED from Respondent to Complainant. David E. Sorkin, Panelist Dated: December 8, 2006 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page NATIONAL ARBITRATION FORUM

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