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The registrar with which the domain name is registered is: Melbourne IT, LTD. The Center verified that the Complaint satisfies the formal requirements of 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 Uniform Domain Name Dispute Resolution Policy (the Supplemental Rules). 1,445,083 and 2,231,419), SUN DEVIL and Design (including U. Complainant has used its "SUN DEVIL(S)" marks in connection with the same activities since at least 1947. Banner advertisements soliciting models for the site feature photographs of "A Mountain," a nearby natural landmark that has been painted with the letter "A" in reference to ASU. The domain name incorporates the entire "ASU" name, and adds only the generic terms "nudes" and "com." *29. Complaint The Complaint alleges that the Domain Name is nearly identical and confusingly similar to the ASU Marks, that Respondent registered the Domain Name in bad faith for the purpose of capitalizing on the famous ASU Marks and profiting from the international and domestic goodwill ASU has built up in its famous trademarks and that Respondent has no rights or legitimate interests in respect of the Domain Name. Paragraph 4.c of the Policy sets out three illustrative circumstances any one of which, if proved, shall demonstrate Respondents rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii) above. Identical or Confusingly Similar Domain Name Complainant has proved that Respondents Domain Name is confusingly similar to trademarks in which Complainant has rights. D2000-1632 (WIPO January 18, 2001) (finding that "ebay4sex.com" was confusingly similar to complainants "ebay" mark); General Electric Co. As one WIPO administrative panel has noted: Arguably, nobody is likely to believe that companies of the standing of the Complainant, Coca-Cola, Chevrolet, et cetera are in any way associated with websites, which incorporate their principal trade marks in conjunction with the word "sex." Accordingly, it may be that "confusion" of that kind is only a remote risk. Finally, Value Holdings is not making a legitimate, non-commercial use of the domain name; its sole use of the name is in connection with its pay-for-access pornographic website. Domain Name Registered and Used in Bad Faith The Panel finds that the Domain Name has been registered and is being used in bad faith.
The Domain Name and Registrar This dispute concerns the following domain name: ("Domain Name"). Procedural History The WIPO Arbitration and Mediation Center (the Center) received the Complaint by email and in hard copy on March 27, and April 2, 2001, respectively. 1,446,309, 1,555,794 and 1,499,790) and other marks. Since at least 1958, Complainant has used the "ASU," "ARIZONA STATE" and "ARIZONA STATE UNIVERSITY" marks to identify a variety of educational and entertainment services, including offering undergraduate, graduate, and post-graduate instruction; presenting cultural, scientific and entertainment events; and sponsoring a variety of intramural, intercollegiate and exhibition athletic and sporting events. Since at least 1958, Complainant also has used all of these marks in connection with a successful Trademark Licensing Program, under which manufacturers are officially licensed to use marks and logos on select merchandise, including gifts and collectibles, apparel, and sports gear. For example, on average, Complainants licensing programs annually generate close to half a million U. The home page features a photograph of Arizona State Universitys Sun Devil Stadium and the description "Our Sexy Devils." Featured models are (or at least claim to be) students of the University. The domain name at issue is confusingly similar to Complainants "ASU" name and mark. Paragraph 4.b of the Policy sets out four illustrative circumstances, any one of which for purposes of Paragraph 4(a)(iii), shall be evidence of the registration and use of a domain name in bad faith. D2000-0925 (WIPO October 25, 2000) (finding that registrants "generalelectricsex.com" was confusingly similar to complainants "General Electric" mark); America Online v. D2000-0979 (WIPO October 4, 2000) ("icqpornjokes.com," "icqsexchat.com," and "freeicqsex.com" all confusingly similar to complainants "icq" mark); Caterpillar, Inc. Respondent cannot argue that there is no confusion because consumers are not likely to believe that an institution of higher learning like Arizona State University would be associated with Respondents pornographic website. [A court] would certainly regard the Domain Name as being sufficiently similar to the trademark in which the Complainant has rights. Value Holdings is not commonly known as "ASU" or "ARIZONA STATE UNIVERSITY." Value Holdings is not affiliated in any way with the Complainant; nor has it provided services to Complainant in connection with the above-identified names and marks.
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On April 4, 2001, Melbourne transmitted by email to the Center, their verification response confirming the domain name is registered through Melbourne IT, LTD and that Value Holdings Inc. 1,552,926; 1,445,084; and 1,438,108); ARIZONA STATE (U.
is the Registrant with Jack Erickson as the Administrative Contact.
Arabs, Azeris, Kurds, Persians, and Turks constitute the largest ethnic groups in the region by population, while Armenians, Assyrians, Circassians, Copts, Druze, Jews, Maronites, Somalis, and other denominations form significant minorities.On April 26, 2001, the Center emailed to the parties Notification of Respondent Default. Founded in 1885, ASU is the largest university within the state of Arizona and ranks among the largest of institutions of higher learning within the United States. Constitution of Administrative Panel On May 14, 2001, the Center notified the parties via email that the Administrative Panel would consist of Mr. Compliance with the formalities of the Policy and the Rules Upon review of the file, the Panel concludes that the Center has fully complied with the formalities of the Policy and Rules, that Respondent was given adequate notice of this proceeding, and that Respondent has been accorded due process. Factual Background Section 5 (e) of the Rules provides "If a Respondent does not submit a response, in the absence of exceptional circumstances, the Panel shall decide the dispute based upon the complaint." Here there are no exceptional circumstances and, therefore, the Panel decides the dispute based upon the Complaint and the Exhibits attached thereto and finds the following facts as established. Arizona State University (the Complainant) is a state university whose main campus is located in Tempe, Arizona, U. Total enrollment for the fall 2000 semester amounted to 50,365 students from across the United States and the world. The Universitys main campus supports 95 programs leading to a bachelors degree, 75 programs leading to a masters degree, and 41 programs leading to a doctoral degree. However big your gang is, ICQ has got room for everyone.ADMINISTRATIVE PANEL DECISION Arizona Board of Regents for and on behalf of Arizona State University v. Issuance of Complaint The Complaint indicates that WHOIS records for the Domain Names list Respondent Value Holdings, Inc. The February, 2000 printout of the site is attached as Annex L. As of the time of filing this Complaint, the is "Eric Draven." See Annex M. By linking ASUs marks to its pornographic website, Value Holdings is tarnishing ASUs famous marks.
at the following address: PO Box 5181, Scottsdale, Arizona 85261, USA. The Complainant notes that this may be an alias, as "Eric Draven" was the name of the principal character in the movie "The Crow." See Annex N.