Complainant is Google, Inc., Mountain View, CA ("Complainant") represented by Julia Anne Matheson, of Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.. Respondent is Goog LR f/k/a Seocho, Seoul, Korea ("Respondent").

The domain name at issue is <googlr.com>, registered with BulkRegister.com, Inc.

On September 25, 2001, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the Forum appointed James P. Buchele as Panelist.

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.

Complainant submitted a Complaint to the National Arbitration Forum (the "Forum") electronically on August 3, 2001; the Forum received a hard copy of the Complaint on August 6, 2001.

On August 14, 2001, BulkRegister.com, Inc. confirmed by e-mail to the Forum that the domain name <googlr.com> is registered with BulkRegister.com, Inc. and that Respondent is the current registrant of the name. BulkRegister.com, Inc. has verified that Respondent is bound by the BulkRegister.com, 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 August 14, 2001, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of September 4, 2001 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@googlr.com by e-mail.

Having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, the Forum transmitted to the parties a Notification of Respondent Default.

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the 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." Therefore, the Panel may issue its Decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum’s Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any Response from Respondent.

Complainant requests that the domain name be transferred from Respondent to Complainant.

A. Complainant

The <googlr.com> domain name is confusingly similar to Complainant’s registered GOOGLE mark.

Respondent has no rights or legitimate interests in respect to the <googlr.com> domain name.

Respondent registered and used the <googlr.com> domain name in bad faith.

B. Respondent

No response was received.

Created in 1997 by Stanford Ph.D. candidates Larry Page and Sergey Brin, the GOOGLE search engine, located at www.google.com, has since become one of the largest, most highly recognized, and widely used Internet search engines in the world. Google’s PageRank^TM technology utilizes the collective intelligence of the web to determine a web page’s importance, which is calculated by solving an equation of 500 million variables and more than 2 billion terms. Google’s confidence in providing Internet users with correct search results is emphasized by its "I’m Feeling Lucky" button, which selects the website most likely to meet a user’s goal and delivers the user directly to that website.

Currently, the GOOGLE search engine has an index of 1.3 billion web pages, and responds to more than 100 million search queries per day. The GOOGLE search engine offers Internet users an easy-to-use interface, advanced search technology, and a comprehensive array of search tools. In addition, the GOOGLE search engine allows Internet users to search for and find content in many different languages; access stock quotes, maps, and news headlines; access telephone book listings for every city in the United States; retrieve more than 18 millions .PDF documents; and access the world’s largest archive of Usenet messages, more than 650 million dating from 1995.

In addition to its website located at www.google.com, Google operates websites at numerous ccTLDs, including www.google.co.uk (United Kingdom), www.google.fr (France), www.google.ch (Switzerland), www.google.ca (Canada), and www.google.co.jp (Japan). Notably, Google offers its GOOGLE search services in Korea, where Respondent is located, and operates a Korean website at www.google.co.kr.

Complainant is the owner of a trademark registration in Korea, where Respondent is located, namely: South Korean Registration No. 1291, issued June 2, 2000, covering goods and services in International Classes 9 (electrical and scientific apparatus) and 42 (for miscellaneous services).

Respondent registered the <googlr.com> domain name on May 29, 2001. Respondent uses the disputed domain name <googlr.com> to redirect Internet users to a competing search engine website

Paragraph 15(a) of 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."

In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of the Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules.

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.

Complainant has established rights in its GOOGLE mark through its extensive worldwide use, as well as Complainant’s Korean registration of the GOOGLE mark, the jurisdiction where Respondent resides.

Furthermore, the <googlr.com> domain name is confusingly similar to Complainant’s GOOGLE mark as the disputed domain name merely differs in the last letter. The misspelling of Complainant’s mark makes the disputed domain name confusingly similar to Complainant’s GOOGLE mark. See Reuters Ltd. v. Global Net 2000, Inc., D2000-0441 (WIPO July 13, 2000) (finding that a domain name which differs by only one letter from a trademark has a greater tendency to be confusingly similar to the trademark where the trademark is highly distinctive); see also Geocities v. Geociites.com, D2000-0326 (WIPO June 19, 2000) (finding that the domain name <geociites.com> is confusingly similar to Complainant’s GEOCITIES mark).

The Panel finds that Policy ¶ 4(a)(i) has been satisfied.

It is well established that a Panel has the discretion to find that Respondent has no rights or legitimate interests in the disputed domain name where Respondent fails to submit a response. See Parfums Christian Dior v. QTR Corp., D2000-0023 (WIPO Mar. 9, 2000) (finding that by not submitting a response, the Respondent has failed to invoke any circumstance which could demonstrate any rights or legitimate interests in the domain name); see also Geocities v. Geociites.com, D2000-0326 (WIPO June 19, 2000) (finding that Respondent has no rights or legitimate interest in the domain name because the Respondent never submitted a response nor provided the panel with evidence to suggest otherwise).

Furthermore, when Respondent fails to submit a response the Panel is permitted to make all inferences in favor of Complainant. See Talk City, Inc. v. Robertson, D2000-0009, (WIPO Feb. 29, 2000) ("In the absence of a response, it is appropriate to accept as true all allegations of the Complaint"); see also Charles Jourdan Holding AG v. AAIM, D2000-0403 (WIPO June 27, 2000) (finding it appropriate for the panel to draw adverse inferences from Respondent’s failure to reply to the complaint).

There is no evidence, and Respondent does not refute, that Respondent has rights or legitimate interests in respect to the disputed domain name. See Body Shop Int’l PLC v. CPIC NET & Hussain, D2000-1214 (WIPO Nov. 26, 2000) (finding "that on the evidence provided by the Complainant and in the absence of any submissions from the Respondents, that the Complainant has established that (i) the Respondents are not using and have not used, or are not demonstrating and have not demonstrated, an intent to use the said domain name in connection with a bona fide offering of goods or services; (ii) the Respondents are not and have not been commonly known by the said domain name; and (iii) the Respondents are not making legitimate noncommercial or fair use of the said domain name, without intending to mislead and divert consumers or to tarnish Complainant’s <THE BODY SHOP> trademark and service mark").

The Panel finds that Policy ¶ 4(a)(ii) has been satisfied.

Respondent’s registration and use of the disputed domain name supports a finding of bad faith, pursuant to the Policy ¶ 4(b)(iv), due to the fact that Respondent linked the disputed domain to a competing website of Complainant, allegedly for commercial gain. Furthermore, Respondent’s registration and use of a domain name which is a misspelling of Complainant’s mark clearly indicates the common practice of "typosquatting." Such evidence further supports a finding of bad faith. See AltaVista Co. v. Stoneybrook, D2000-0886 (WIPO Oct. 26, 2000) (awarding "wwwalavista.com", among other misspellings of altavista.com, to Complainant); Dow Jones & Company, Inc. and Dow Jones, L.P. v. Powerclick, Inc., D2000-1259 (WIPO Dec. 1, 2000) (awarding domain names "wwwdowjones.com", "wwwwsj.com", "wwwbarrons.com" and "wwwbarronsmag.com" to Complainants); see also Identigene, Inc. v. Genetest Lab., D2000-1100 (WIPO Nov. 30, 2000) (finding bad faith where Respondent's use of the domain name at issue to resolve to a website where similar services are offered to Internet users is likely to confuse the user into believing that Complainant is the source of or is sponsoring the services offered at the site); see also AltaVista v. Krotov, D2000-1091 (WIPO Oct. 25, 2000) (finding bad faith under Policy ¶ 4(b)(iv) where the Respondent linked the domain name to a website that offers a number of web services).

The Panel finds that Policy ¶ 4(a)(iii) has been satisfied.

Having established all three elements required under the ICANN Policy, the Panel concludes that the requested relief shall be hereby granted.

Accordingly, it is Ordered that the domain name <googlr.com> be transferred from Respondent to Complainant.