Microsoft Corporation v. Wirelessgalaxy.com a/k/a 7211REGENCYSQRBLVD
Claim Number: FA1004001321806
Complainant is Microsoft Corporation (“Complainant”), represented by Kristina
Rosette, of Covington & Burling LLP,
REGISTRAR AND DISPUTED DOMAIN
NAMES
The domain names at issue are <wirelessxbox.com>, <xbox2accessory.com>,
<xbox-360-accessories.com>, <xbox360-accessories.com>,
<xbox-360-accessory.com>, <xbox360-accessory.com>, <xbox360gamerentals.com>,
<xbox360gamesreviews.com>, <xboxwirelessheadset.com>,
<x-box-accessories.com>, <xboxaccessories.net>, <xboxaccessory.com>, <xboxadapters.com>, <xboxmemory.com>, <xboxwirelessadapters.com>, <xboxwirelesscontrollers.com>, <xboxwirelessheadsets.com> and <xbox360wirelesscontrollers.com>, registered with GoDaddy.com, Inc.
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.
Complainant submitted a Complaint to
the National Arbitration Forum electronically on April 28, 2010.
On April
29, 2010, GoDaddy.com, Inc.
confirmed by e-mail to the National Arbitration Forum that the <wirelessxbox.com>, <xbox2accessory.com>,
<xbox-360-accessories.com>, <xbox360-accessories.com>,
<xbox-360-accessory.com>, <xbox360-accessory.com>, <xbox360gamerentals.com>,
<xbox360gamesreviews.com>, <xboxwirelessheadset.com>,
<x-box-accessories.com>, <xboxaccessories.net>, <xboxaccessory.com>, <xboxadapters.com>, <xboxmemory.com>, <xboxwirelessadapters.com>, <xboxwirelesscontrollers.com>, <xboxwirelessheadsets.com> and <xbox360wirelesscontrollers.com> domain names are registered with GoDaddy.com, Inc. and that Respondent is the current registrant of the names. GoDaddy.com, Inc. has verified that Respondent is bound by the GoDaddy.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 May 7, 2010, the Forum served the
Complaint and all Annexes, including a Written Notice of the Complaint, setting
a deadline of May 27, 2010 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@wirelessxbox.com,
postmaster@xbox2accessory.com, postmaster@xbox-360-accessories.com, postmaster@xbox360-accessories.com,
postmaster@xbox-360-accessory.com, postmaster@xbox360-accessory.com,
postmaster@xbox360gamerentals.com, postmaster@xbox360gamesreviews.com,
postmaster@xboxwirelessheadset.com, postmaster@x-box-accessories.com,
postmaster@xboxaccessories.net, postmaster@xboxaccessory.com, postmaster@xboxadapters.com,
postmaster@xboxmemory.com, postmaster@xboxwirelessadapters.com,
postmaster@xboxwirelesscontrollers.com, postmaster@xboxwirelessheadsets.com and
postmaster@xbox360wirelesscontrollers.com. Also on May 7, 2010, the Written Notice of
the Complaint notifying Respondent of the email 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, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On June 2, 2010, 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.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of a Written Notice, as defined in Rule 1. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration 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 names be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
Complainant holds multiple trademark registrations with the USPTO for its marks XBOX (including Reg. No. 2,663,880, issued December 17, 2002) and XBOX 360 (including Reg. No. 3,252,556, filed May 19, 2005, and issued June 12, 2007) in connection with interactive video games including game consoles, game controllers, and software for operating game controllers.
Respondent
registered the <xboxaccessory.com> domain name on February 24,
2004 and the <wirelessxbox.com> domain name on January 29,
2005.
Respondent
registered the domain names <xbox360wirelesscontrollers.com>, <xboxwirelesscontrollers.com>,
<xboxwirelessadapters.com>, <xboxmemory.com>, <xboxwirelessheadsets.com>,
<xboxadapters.com>, <xboxaccessories.net>, <xboxwirelessheadset.com>,
<x-box-accessories.com>, <xbox2accessory.com> <xbox360gamesreviews.com>, <xbox360gamerentals.com>,
<xbox360-accessory.com>, <xbox-360-accessory.com>, <xbox-360-accessories.com>,
<xbox360-accessories.com>, on October 11, 2006.
The
domain names <xboxaccessory.com>, <xboxwirelessheadsets.com>,
<xboxadapters.com>, <xbox360gamesreviews.com>, <xbox360-accessory.com>,
<xbox360-accessories.com>, <xbox-360-accessories.com>,
<xboxmemory.com>, <xboxwirelessadapters.com>, <xboxaccessories.net>,
<x-box-accessories.com>, <xbox360gamerentals.com>, <xbox2accessory.com>,
<xboxwirelessheadset.com>, <xboxwirelesscontrollers.com>,
<xbox360wirelesscontrollers.com> and <xbox-360-accessory.com>,
resolve to parking pages with pay-per-click advertisements for goods and
services identical or closely related to those of Complainant and its
competitors.
The
<wirelessxbox.com> domain name resolves to an inactive website.
The <wirelessxbox.com>, <xbox2accessory.com>, <xbox-360-accessories.com>, <xbox360-accessories.com>, <xbox-360-accessory.com>, <xbox360-accessory.com>, <xbox360gamerentals.com>, <x-box-accessories.com>, <xboxaccessories.net>, <xbox360gamesreviews.com>, <xboxwirelessheadset.com>, <xboxaccessory.com>, <xboxadapters.com>, <xboxmemory.com>, <xboxwirelessadapters.com>, <xboxwirelesscontrollers.com>, <xboxwirelessheadsets.com>, <xbox360wirelesscontrollers.com> domain names are confusingly similar to Complainant’s XBOX mark.
Respondent is not commonly known by the disputed domain names.
Respondent has no rights to or legitimate interests in any of the domain names <wirelessxbox.com>, <xbox2accessory.com>, <xbox-360-accessories.com>, <xbox360-accessories.com>, <xbox-360-accessory.com>, <xbox360-accessory.com>, <xbox360gamerentals.com>, <xbox360gamesreviews.com>, <xboxmemory.com>, <xboxwirelessheadset.com>, <x-box-accessories.com>, <xboxaccessories.net>, <xboxaccessory.com>, <xboxadapters.com>, <xboxwirelessadapters.com>, <xboxwirelesscontrollers.com>, <xboxwirelessheadsets.com>, <xbox360wirelesscontrollers.com>.
Respondent registered and uses the <wirelessxbox.com>, <xbox2accessory.com>, <xbox-360-accessories.com>, <xbox360-accessories.com>, <xbox-360-accessory.com>, <xbox360-accessory.com>, <xbox360gamerentals.com>, <xbox360gamesreviews.com>, <xboxwirelessheadset.com>, <x-box-accessories.com>, <xboxaccessories.net>, <xboxaccessory.com>, <xboxadapters.com>, <xboxmemory.com>, <xboxwirelessadapters.com>, <xboxwirelesscontrollers.com>, <xboxwirelessheadsets.com>, <xbox360wirelesscontrollers.com> domain names in bad faith.
B. Respondent failed to submit a Response in this proceeding.
(1) the domain names registered by Respondent are confusingly similar to trademarks in which Complainant has rights; and
(2) Respondent has no rights to or legitimate interests in respect of any of the domain names; and
(3) the same domain names were registered and are being used by Respondent in bad faith.
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 Complainant's undisputed representations pursuant to paragraphs 5(e), 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 and inferences set forth in the Complaint as true unless the evidence is clearly contradictory. See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Nat. Arb. Forum July 31, 2000) (holding that a respondent’s failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also 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.”
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:
i. the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
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.
Complainant’s registration of the XBOX and XBOX 360 trademarks with the USPTO constitute sufficient evidence of Complainant’s rights in the marks pursuant to Policy ¶ 4(a)(i). The relevant date for establishing Complainant’s rights in the marks is the mark registration application filing date. See Intel Corp. v. Macare, FA 660685 (Nat. Arb. Forum Apr. 26, 2006) (finding that a complainant established rights in the PENTIUM, CENTRINO and INTEL INSIDE marks by registering the marks with the USPTO); see also Trip Network Inc. v. Alviera, FA 914943 (Nat. Arb. Forum Mar. 27, 2007) (finding that a complainant’s trademark registrations for the marks CHEAPTICKETS and CHEAPTICKETS.COM were adequate to establish its rights in the marks pursuant to Policy ¶ 4(a)(i)); further see Hershey Co. v. Reaves, FA 967818 (Nat. Arb. Forum June 8, 2007) (finding that a complainant’s rights in the KISSES trademark, obtained through registration of the mark with the USPTO, “date back to the filing date of the trademark application and predate respondent’s [domain name] registration”)
Respondent’s domain names <wirelessxbox.com>,
<xbox2accessory.com>, <xboxwirelessheadset.com>,
<x-box-accessories.com>, <xboxaccessories.net>, <xboxaccessory.com>,
<xboxadapters.com>, <xboxmemory.com>,
<xboxwirelessadapters.com>, <xboxwirelesscontrollers.com>, and <xboxwirelessheadsets.com>
are confusingly similar to Complainant’s XBOX mark. These domain names all incorporate the
entirety of Complainant’s XBOX mark and add terms descriptive of Complainant’s
business. The addition of such descriptive
terms does not sufficiently distinguish the disputed domain names from the
mark. See Miller Brewing
[t]he
addition of a descriptive term that describes Complainant’s business to
Complainant’s registered mark, does not remove the domain from the realm of
confusing similarity with regard to
Policy ¶ 4(a)(i).
See also Parfums Christian Dior v. 1 Netpower, Inc., D2000-0022 (WIPO Mar. 3, 2000) (finding that domain names that added the descriptive words "fashion" or "cosmetics" after the trademark were confusingly similar to the trademark).
The <x-box-accessories.com> domain name also adds hyphens, which do not thereby avoid a finding of confusing similarity with the Complainant’s mark. See Sports Auth. Mich. Inc. v. Batu 5, FA 176541 (Nat. Arb. Forum Sept. 23, 2003):
The
addition of a hyphen to Complainant's mark does not create a distinct
characteristic capable of overcoming a Policy ¶ 4(a)(i)
confusingly similar analysis.
See also Pep Boys Manny, Moe, and Jack v. E-Commerce Today, Ltd., AF-0145 (eResolution May 3, 2000) (finding that placing a hyphen between elements of a complainant’s registered mark in forming a domain name renders the resultant domain name confusingly similar to the mark).
Similarly, the addition of a generic top-level domain
(“gTLD”) such as “.com” or “.net” to a mark in creating a domain name is
irrelevant for the purposes of Policy ¶ 4(a)(i) analysis and does not serve to
distinguish Respondent’s domain names from the mark. See Trip Network Inc. v. Alviera, FA 914943 (Nat. Arb. Forum Mar. 27, 2007) (concluding that the affixation
of a gTLD to a domain name is irrelevant to a Policy ¶ 4(a)(i) analysis).
Therefore, pursuant to Policy
¶ 4(a)(i), the Panel finds that Respondent’s <wirelessxbox.com>,
<xbox2accessory.com>, <xboxwirelessheadset.com>,
<x-box-accessories.com>, <xboxaccessories.net>,
<xboxaccessory.com>, <xboxadapters.com>, <xboxmemory.com>,
<xboxwirelessadapters.com>, <xboxwirelesscontrollers.com>, and <xboxwirelessheadsets.com>
domain names are confusingly similar to Complainant’s XBOX mark.
As to Complainant’s XBOX 360 mark, Respondent’s <xbox-360-accessories.com>,
<xbox360-accessories.com>,
<xbox-360-accessory.com>, <xbox360-accessory.com>,
<xbox360gamerentals.com>, <xbox360gamesreviews.com> and <xbox360wirelesscontrollers.com>
domain names are confusingly similar to that mark pursuant to Policy ¶
4(a)(i). The disputed domain names
merely add descriptive terms to the entirety of Complainant’s marks, which is
not sufficient to overcome a finding of confusing similarity for purposes of
Policy ¶ 4(a)(i). See Miller Brewing
Respondent’s <xbox-360-accessories.com>, <xbox360-accessories.com>, <xbox-360-accessory.com>, <xbox360-accessory.com> add hyphens to Complainant’s XBOX 360 mark, which still leave the domains confusingly similar to the the mark. See Sports Auth. Mich. Inc. v. Batu 5, FA 176541 (Nat. Arb. Forum Sept. 23, 2003): “The addition of a hyphen to Complainant's mark does not create a distinct characteristic capable of overcoming a Policy ¶ 4(a)(i) confusingly similar analysis.” See also Pep Boys Manny, Moe, and Jack v. E-Commerce Today, Ltd., AF-0145 (eResolution May 3, 2000) (finding that a hyphen between words of a complainant’s mark in a contested domain name leaves the domain name confusingly similar to the mark).
Still pertinent to the domain names formed from
Complainant’s XBOX 360 mark, the addition of the generic top-level domain
(“gTLD”) “.com” is irrelevant for purposes of Policy ¶ 4(a)(i) analysis and
does not serve to distinguish the domain names from Complainant’s mark. See Trip Network Inc. v. Alviera, FA 914943 (Nat. Arb. Forum Mar. 27, 2007) (concluding that the affixation
of a gTLD to a domain name is irrelevant to a Policy ¶ 4(a)(i) analysis).
Therefore, the Panel finds
that Respondent’s <xbox-360-accessories.com>,
<xbox360-accessories.com>, <xbox-360-accessory.com>,
<xbox360-accessory.com>, <xbox360gamerentals.com>, <xbox360wirelesscontrollers.com>
and <xbox360gamesreviews.com> domain
names are confusingly similar to Complainant’s XBOX 360 mark under Policy ¶
4(a)(i).
Policy ¶ 4(a)(ii) requires that Complainant first make out a prima facie case in support of its allegations that Respondent lacks rights to and legitimate interests in the disputed domain names before the burden shifts to Respondent to provide evidence that it does have rights to or legitimate interests in these domain names. See Domtar, Inc. v. Theriault., FA 1089426 (Nat. Arb. Forum Jan. 4, 2008):
It
is well established that, once a complainant has made out a prima facie case in
support of its allegations, the burden shifts to respondent to show that it
does have rights or legitimate interests pursuant to paragraph 4(a)(ii) of the Policy.
The Panel finds that the allegations set out in the Complaint establish a prima facie case under this head of the Policy. Respondent’s lack of rights or legitimate interests in the contested domain names may therefore be inferred from Respondent’s failure to submit a Response in these proceedings. See Broadcom Corp. v. Ibecom PLC, FA 361190 (Nat. Arb. Forum Dec. 22, 2004):
Respondent’s
failure to respond to the Complaint functions as an implicit admission that
[Respondent] lacks rights and legitimate interests in the disputed domain
name. It also allows the Panel to accept
all reasonable allegations set forth…as true.
Nonetheless, we elect to examine the record before us, in light of the considerations set out in Policy ¶ 4(c), to determine whether there is in it any basis for concluding that Respondent possesses rights to or legitimate interests in the disputed domain name which are cognizable under the Policy.
We begin by observing that Complainant alleges, and Respondent does not deny, that Respondent is not commonly known by the disputed domain names. Moreover, the WHOIS information for the disputed domain names identifies the registrant only as “Wirelessgalaxy.com a/k/a 7211REGENCYSQRBLVD,” which is not similar to any of the disputed domain names. From this record, we conclude that Respondent is not commonly known by the disputed domain names so as to have domonstrated that it possesses rights to or legitimate interests in any of the disputed domain names pursuant to Policy ¶ 4(c)(ii). See M. Shanken Commc’ns v. WORLDTRAVELERSONLINE.COM, FA 740335 (Nat. Arb. Forum Aug. 3, 2006) (finding that a respondent was not commonly known by the <cigaraficionada.com> domain name under Policy ¶ 4(c)(ii) based on the relevant WHOIS information and other evidence in the record); see also St. Lawrence Univ. v. Nextnet Tech, FA 881234 (Nat. Arb. Forum Feb. 21, 2007) (concluding that a respondent had no rights to or legitimate interests in a disputed domain name where there was no evidence in the record indicating that that respondent was commonly known by the domain name).
We also note that Complaint asserts, without objection from Respondent, that each of Respondent’s <xboxaccessory.com>, <xboxwirelessheadsets.com>, <xboxadapters.com>, <xbox360gamesreviews.com>, <xbox360-accessory.com>, <xbox360-accessories.com>, <xbox-360-accessories.com>, <xboxwirelessadapters.com>, <xboxmemory.com>, <xboxaccessories.net>, <x-box-accessories.com>, <xbox360gamerentals.com>, <xbox2accessory.com>, <xboxwirelessheadset.com>, <xboxwirelesscontrollers.com>, <xbox-360-accessory.com>, <xbox360wirelesscontrollers.com> domain names resolves to a parking page with pay-per-click advertisements for goods and services identical or closely related to those of Complainant and its competitors. The use of the disputed domain names in this manner is neither a bona fide offering of goods and services pursuant to Policy ¶ 4(c)(i) nor a legitimate noncommercial or fair use pursuant to Policy ¶ 4(c)(iii). See Disney Enters., Inc. v. Kamble, FA 918556 (Nat. Arb. Forum Mar. 27, 2007) (holding that the operation of a pay-per-click website at a contested domain name was not a bona fide offering of goods or services under Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use under Policy ¶ 4(c)(iii)); see also ALPITOUR S.p.A. v. balata inc, FA 888649 (Nat. Arb. Forum Feb. 27, 2007) (finding that:
using
the confusingly similar <viaggidea.com> domain name to operate a
website that features links to various commercial websites from which
Respondent presumably receives referral fees….is neither a bona fide offering of goods or
services pursuant to Policy ¶ 4(c)(i) nor a legitimate non-commercial or fair
use pursuant to Policy ¶ 4(c)(iii).
Respondent’s <wirelessxbox.com> domain name fails to resolve to an active website. Respondent’s failure to make an active use of the disputed domain name is not a use in connection with a bona fide offering of goods and services pursuant to Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use for the purposes of Policy ¶ 4(c)(iii). See Thermo Electron Corp. v. Xu, FA 713851 (Nat. Arb. Forum July 12, 2006) (finding that a respondent’s non-active-use of disputed domain names demonstrates that that respondent is not using the disputed domain names for a bona fide offering of goods or services under Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use pursuant to Policy ¶ 4(c)(iii)); see also Bloomberg L.P. v. Sandhu, FA 96261 (Nat. Arb. Forum Feb. 12, 2001) (finding that no rights or legitimate interests can be found where a respondent fails to use disputed domain names in any way).
The Panel thus finds that Policy ¶ 4(a)(ii) is satisfied.
Respondent is using the <xboxaccessory.com>, <xboxwirelessheadsets.com>,
<xboxadapters.com>, <xbox360gamesreviews.com>, <xbox360-accessory.com>,
<xbox360-accessories.com>, <xbox-360-accessories.com>,
<xboxwirelessadapters.com>, <xboxmemory.com>, <xboxaccessories.net>,
<x-box-accessories.com>, <xbox360gamerentals.com>, <xbox2accessory.com>,
<xboxwirelessheadset.com>, <xboxwirelesscontrollers.com>,
<xbox-360-accessory.com>, <xbox360wirelesscontrollers.com>
domain names to display pay-per-click advertisements for goods and services
identical or closely related to those of Complainant and its competitors in the
video game industry. Respondent’s
display of these third-party competitors on the resolving websites may induce
Internet users to purchase goods from Complainant’s competitors rather than from
Complainant. The registration and use of
the disputed domain names for this purpose constitutes disruption of
Complainant’s business and is therefore evidence of bad faith registration and
use of each of the several domain names pursuant to Policy ¶ 4(b)(iii). See Lambros
v. Brown, FA 198963 (Nat. Arb. Forum Nov.
19, 2003) (finding that a respondent registered a domain name primarily to
disrupt its competitor when it sold goods similar to those offered by a
complainant); see also Am. Airlines, Inc. v.
Respondent uses the <xboxaccessory.com>, <xboxwirelessheadsets.com>, <xboxadapters.com>, <xbox360gamesreviews.com>, <xbox360-accessory.com>, <xbox360-accessories.com>, <xbox-360-accessories.com>, <xboxmemory.com>, <xboxwirelessadapters.com>, <xboxaccessories.net>, <x-box-accessories.com>, <xbox360gamerentals.com>, <xbox2accessory.com>, <xboxwirelessheadset.com>, <xboxwirelesscontrollers.com>, <xbox-360-accessory.com>, <xbox360wirelesscontrollers.com> domain names to attract Complainant’s prospective customers to its own websites, thus to profit from the receipt of pay-per-click fees associated with the displayed third-party links. Respondent’s registration and use of the disputed domains for commercial gain is evidence of bad faith registration and use of each of the contested domain names pursuant to Policy ¶ 4(b)(iv). See Red Hat, Inc. v. Haecke, FA 726010 (Nat. Arb. Forum July 24, 2006) (finding that a respondent engaged in bad faith registration and use of disputed domain names pursuant to Policy ¶ 4(b)(iv) by using them to operate a commercial search engine with links to the products of a complainant and that complainant’s competitors, as well as by diverting Internet users to several other domain names); see also Zee TV USA, Inc. v. Siddiqi, FA 721969 (Nat. Arb. Forum July 18, 2006) (finding that a respondent engaged in bad faith registration and use of a domain name that was confusingly similar to a complainant’s mark to offer links to third-party websites that featured services similar to those offered by that complainant).
We may consider the totality of the circumstances when conducting a Policy ¶ 4(a)(iii) analysis, and, in doing so are not limited to the enumerated factors in Policy ¶ 4(b). See Do The Hustle, LLC v. Tropic Web, D2000-0624 (WIPO Aug. 21, 2000): “[T]he examples [of bad faith] in Paragraph 4(b) are intended to be illustrative, rather than exclusive.” Accordingly, we consider that Respondent’s <wirelessxbox.com> domain name, although registered in January of 2005, fails to resolve to an active website, and that this failure to make an active use of the disputed domain name is evidence of bad faith registration and use of the domain pursuant to Policy ¶ 4(a)(iii). See Disney Enters. Inc. v. Meyers, FA 697818 (Nat. Arb. Forum June 26, 2006) (holding that the non-use of a disputed domain name for several years constitutes bad faith registration and use of the domain under Policy ¶ 4(a)(iii); see also Mondich v. Brown, D2000-0004 (WIPO Feb. 16, 2000) (holding that a respondent’s failure to develop its website in a two year period raises the inference of registration in bad faith).
For these reasons, the Panel finds that Policy ¶ 4(a)(iii) is satisfied.
Complainant having established all three elements required to be proven under the ICANN Policy, the Panel concludes that the relief requested must be GRANTED.
Accordingly, it is Ordered that the <wirelessxbox.com>, <xbox2accessory.com>, <xbox-360-accessories.com>, <xbox360-accessories.com>, <xboxaccessory.com>, <xbox-360-accessory.com>, <xbox360-accessory.com>, <xbox360gamerentals.com>, <xbox360gamesreviews.com>, <xboxwirelessheadset.com>, <xboxadapters.com>, <x-box-accessories.com>, <xboxwirelessadapters.com>, <xboxaccessories.net>, <xboxmemory.com>, <xboxwirelesscontrollers.com>, <xboxwirelessheadsets.com>, <xbox360wirelesscontrollers.com> domain names be TRANSFERRED forthwith from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: June 9, 2010
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