Herballifeweightlossproduct.com

The timeline behind herballifeweightlossproduct.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 Herbalife International v. Shashi Kumar Gantha Claim Number: FA0702000921779 PARTIES Complainant is Herbalife International (“Complainant”), represented by Jade L. Zike, 1901 Ave. of the Stars, Ste. 1600, Los Angeles, CA 90067. Respondent is Shashi Kumar Gantha (“Respondent”), Bharat Nagar colony, Hyderabad, AP 500018, India. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <herballifeweightlossproduct.com>, registered with Go Daddy Software, Inc. PANEL The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding. Terry F. Peppard as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on February 21, 2007; the National Arbitration Forum received a hard copy of the Complaint on February 26, 2007. On February 22, 2007, Go Daddy Software, Inc. confirmed by e-mail to the National Arbitration Forum that the <herballifeweightlossproduct.com> domain name is registered with Go Daddy Software, Inc. and that 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 February 28, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of March 20, 2007 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@herballifeweightlossproduct.com by e-mail. A timely electronic Response was received on March 20, 2007, however as Respondent did not submit a hard copy of its Response, the Response is considered deficient pursuant to ICANN Rule 5(a). In the interests of justice and the efficient administration of this proceeding, the Panel will nonetheless give due consideration to the Response. On March 27, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Terry F. Peppard as sole Panelist in this proceeding. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. PARTIES’ CONTENTIONS A. Complainant Since 1980, Complainant has sold high-quality dietary and nutritional supplements to consumers worldwide. Complainant holds four HERBALIFE trademarks registered with the United States Patent and Trademark Office, including that associated with registry number 1,254,211, issued October 18, 1983. Respondent registered the disputed domain name <herballifeweightlossproduct.com> in 2000 and renewed that registration in 2007. The contested domain name is confusingly similar to Complainant’s mark in that it contains the mark in its entirety and merely adds an extra “l” and the generic terms “weightloss” and “product” as well as the top level domain indicator “.com”. Respondent has no right to or legitimate interest in the disputed domain name. The website to which Respondent’s domain name resolves advertises products and services that compete directly with those of Complainant. Respondent has not used the contested domain name in connection with any bona fide offering of goods or services. Respondent is not commonly known by the contested domain name. Respondent’s domain name creates a likelihood of confusion with Complainant’s mark. Respondent has registered and uses the disputed domain name in bad faith. B. Respondent By e-mail addressed to the National Arbitration Forum and dated March 10, 2007, Respondent did not contest the allegations of the Complaint, but expressed its willingness to permit the transfer of the disputed domain name to Complainant without the need for further proceedings. FINDINGS Complainant’s uncontested allegations justify the following findings: (1) the domain name registered by Respondent is confusingly similar to a trademark in which Complainant has rights; (2) Respondent has no rights or legitimate interests in respect of the domain name; and (3) the same domain name was registered and is being used by Respondent in bad faith. Respondent’s Response to the Complaint herein justifies a further finding that the parties have agreed to an immediate transfer of the disputed domain name from Respondent to Complainant without a need for further proceedings. 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: i. the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; ii. Respondent has no rights or legitimate interests in respect of the domain name; and iii. the domain name has been registered and is being used in bad faith. DECISION Complainant has established by its uncontested allegations all three of the elements required to be proven under the ICANN Policy. The parties have stipulated in writing to an immediate transfer of the disputed domain name from Respondent to Complainant. Policy ¶ 3(a) provides for the transfer of a domain name registration upon the written instructions of the parties to a UDRP proceeding without the need for otherwise required findings and conclusions (see Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Ar. Forum Jan. 13, 2004; see also Disney Enterprises, Inc. v. Morales, FA 475191 (Nat. Arb. Forum Jun. 24, 2005)). Therefore, the Panel concludes that the relief requested must be GRANTED. Accordingly, it is Ordered that the <herballifeweightlossproduct.com> domain name be TRANSFERRED forthwith from Respondent to Complainant. Terry F. Peppard, Panelist Dated: April 7, 2007 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.