Netscout.network

The timeline behind netscout.network

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 NetScout Systems, Inc. v. Andrey Saybulanov Claim Number: FA2501002133305 PARTIES Complainant is NetScout Systems, Inc. ("Complainant"), represented by Matthew S. Anderson of Munck Wilson Mandala, LLP, Texas, USA. Respondent is Andrey Saybulanov ("Respondent"), Kazakhstan. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <netscout.network> ('the Domain Name'), registered with NameCheap, Inc. PANEL The undersigned certifies that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelist in this proceeding. Dawn Osborne as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to Forum electronically on January 3, 2025; Forum received payment on January 3, 2025. On January 6, 2025, NameCheap, Inc. confirmed by e-mail to Forum that the <netscout.network> Domain Name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy"). On January 7, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of January 27, 2025 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@netscout.network. Also on January 7, 2025, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent's registration as technical, administrative and billing contacts. Having received no response from Respondent, Forum transmitted to the parties a Notification of Respondent Default. On January 28, 2025 pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Dawn Osborne as Panelist. Having reviewed the communications records, the Administrative Panel (the "Panel") finds that Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent. RELIEF SOUGHT Complainant requests that the Domain Name be transferred from Respondent to Complainant. PARTIES' CONTENTIONS A. Complainant Complainant is the owner of the mark NETSCOUT registered in, inter alia, the USA for software relating to networks since 1993. The Domain Name registered in 2024 is identical to the Complainant's mark for the purpose of the Policy consisting of it and the gTLD .network which does not distinguish the Domain Name from the Complainant's mark. The Respondent is not commonly known by the Domain Name and has not been authorised by the Complainant to use its mark. The Domain Name has been pointed to the official site of the Complainant in an attempt to associate the Domain Name falsely with the Complainant. This is not a bona fide offering of goods and services or legitimate non commercial fair use. The Respondent has no rights or legitimate interests in the Domain Name. It is registration and use in bad faith with actual knowledge of the rights of the Complainant for passing off and likely phishing purposes. B. Respondent Respondent failed to submit a Response in this proceeding. FINDINGS Complainant is the owner of the mark NETSCOUT registered in, inter alia, the USA for software relating to networks since 1993. The Domain Name registered in 2024 has been pointed to the official site of the Complainant. DISCUSSION Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted and 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 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 Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and (2) 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. In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations set forth in a complaint; however, the Panel may deny relief where a complaint contains mere conclusory or unsubstantiated arguments. See WIPO Jurisprudential Overview 3.0 at ¶ 4.3; see also eGalaxy Multimedia Inc. v. ON HOLD By Owner Ready To Expire, FA 157287 (Forum June 26, 2003) ("Because Complainant did not produce clear evidence to support its subjective allegations [. . .] the Panel finds it appropriate to dismiss the Complaint"). Identical and/or Confusingly Similar The Domain Name consists of the Complainant's NETSCOUT mark (which is registered, inter alia, in USA for software relating to networks since 1993) merely adding the gTLD .network. The gTLD .network does not serve to distinguish the Domain Name from the Complainant's mark. See Red Hat Inc v Haecke, FA 726010 (Forum July 24, 2006) concluding that the redhat.org domain name is identical to the complainant's red hat mark because the mere addition of the gTLD was insufficient to differentiate the disputed domain name from the mark). Accordingly, the Panel holds that the Domain Name is identical for the purpose of the Policy to a mark in which the Complainant has rights. As such the Panel holds that Paragraph 4 (a) (i) of the Policy has been satisfied. Rights or Legitimate Interests The Complainant has not authorised the use of its mark. There is no evidence or reason to suggest the Respondent is commonly known by the Domain Name. See Alaska Air Group, Inc. and its subsidiary, Alaska Airlines v. Song Bin, FA 1574905 (Forum Sept. 17, 2014) (holding that the respondent was not commonly known by the disputed domain name as demonstrated by the WHOIS information and based on the fact that the complainant had not licensed or authorized the respondent to use its ALASKA AIRLINES mark). The Domain Name itself carries a high risk of affiliation with the Complainant in itself, this is compounded as it resolves to the Complainant's own site. There is no indication that there is no authorisation from the Complainant for this connection. The Panel finds this is confusing and does not amount to a bona fide offering of goods and services or a legitimate non commercial fair use. See Direct Line Ins. Plc v Low-cost-domain, FA 1337658 (Forum Sept. 8, 2010) (pointing to Complainant's own site is not a bona fide offering of goods or services or a legitimate non commercial fair use). The Respondent has not answered this Complaint and has not rebutted the prima face case evidenced by the Complainant as set out herein. As such the Panelist finds that the Respondent does not have rights or a legitimate interest in the Domain Name and that the Complainant has satisfied the second limb of the Policy. Registration and Use in Bad Faith In the opinion of the panelist the use made of the Domain Name in relation to the site is confusing and deceptive in that visitors to the site might reasonably believe the Domain Name is connected to or approved by the Complainant as it carries a high risk of assumed affiliation with the Complainant. The redirection to the Complainant's own site seems calculated to compound this confusion and also demonstrates the Respondent is aware of the Complainant's rights, business and services. Use of a disputed domain name to redirect to a complainant's legitimate website without explanation can be evidence of bad faith registration and use per Policy 4(a)(iii). See Verizon Trademark Servs. LLC v. Boyiko, FA 1382148 (Forum May 12, 2011) ("The Panel finds that Respondent's registration and use of the confusingly similar disputed domain name, even where it resolves to Complainant's own site, is still registration and use in bad faith pursuant to Policy ¶ 4(a)(iii)."). As such, the Panel holds that the Complainant has made out its case that the Domain Name was registered and used in bad faith and has satisfied the third limb 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 <netscout.network> domain name be TRANSFERRED from Respondent to Complainant. Dawn Osborne, Panelist Dated: January 28, 2025 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.