DOC

WIPO Domain Name Dispute: Case D2003-0634

By Jose Graham,2014-04-22 06:25
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WIPO Domain Name Dispute: Case D2003-0634WIPO

    WIPO Arbitration and Mediation Center

    ADMINISTRATIVE PANEL DECISION

    AT&T Corp. v. Azim Hemani

    Case No. D2003-0634

    1. The Parties

    The Complainant is AT&T Corp., New Jersey, United States of America, represented by Sidley Austin Brown & Wood, United States of America.

The Respondent is Azim Hemani, Illinois, United States of America.

    2. The Domain Name and Registrar

    The disputed domain name <attphonecard.net> is registered with Domain Bank, Inc.

    3. Procedural History

    The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 14, 2003. On August 14, 2003, the Center transmitted by email to Domain Bank, Inc. a request for registrar verification in connection with the domain name at issue. On August 21, 2003, Domain Bank, Inc. transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details for the administrative, billing, and technical contact. The Center verified that the Complaint satisfied the formal requirements of the 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”).

    In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on August 22, 2003. In accordance with the Rules, paragraph 5(a), the due date for Response was September 11, 2003. The Center’s records of courier and telefax transmission indicate completed delivery to Respondent. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 15, 2003.

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    The Center appointed Frederick M. Abbott as the sole panelist in this matter on October 6, 2003. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.

    On October 20, 2003, the Center advised Complainant and Respondent that on the basis of exceptional circumstances the Panel had extended the due date for rendering its decision in this matter until October 27, 2003.

    4. Factual Background

    Complainant is the holder of numerous trademark and service mark registrations for “AT&T” in the United States and other countries, and for “AT&T” and “ATT” used in combination with other terms, including “AT&T PREPAID PROMOTIONAL CARD” (referred to collectively as the “AT&T marks”). The term “AT&T”, for example, is registered at the United States Patent and Trademark Office (USPTO) as a service mark (reg. No. 1,298,084, dated September 25, 1984, in International Class (IC) 38, covering, inter alia, telecommunications services). The “AT&T PREPAID PROMOTIONAL

    CARD” service mark is registered at the USPTO (reg. N