DECISION

 

AE7, LLC v. feras H

Claim Number: FA2310002064437

 

PARTIES

Complainant is AE7, LLC ("Complainant"), represented by Gwen R. Acker Wood of Acker Wood Intellectual Property Law, LLC, Pennsylvania, USA. Respondent is feras H ("Respondent"), United Arab Emirates.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <ae7.net>, registered with GoDaddy.com, LLC.

 

PANEL

The undersigned certify that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelists in this proceeding.

 

Professor David E. Sorkin, Charles Kuechenmeister and Alan L. Limbury, Panelists.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on October 2, 2023. Forum received payment on October 2, 2023.

 

On October 3, 2023, GoDaddy.com, LLC confirmed by e-mail to Forum that the <ae7.net> domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, LLC 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 October 6, 2023, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of October 26, 2023 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@ae7.net. Also on October 6, 2023, 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.

 

An informal Response was received by Forum on October 9, 2023.

 

On October 17, 2023, pursuant to Complainant's request to have the dispute decided by a three-member Panel, Forum appointed Professor David E. Sorkin, Charles Kuechenmeister and Alan L. Limbury as Panelists in this proceeding.

 

RELIEF SOUGHT

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

 

PRELIMINARY ISSUES

 

A.       DEFICIENT RESPONSE

As noted, no formal Response has been submitted. In light of the Panel's decision below, it is unnecessary to consider Respondent's informal response.

 

B.       BUSINESS/CONTRACTUAL DISPUTE OUTSIDE THE SCOPE OF THE POLICY

According to the Complaint, Complainant, AE7, LLC, headquartered in Pittsburgh, has rights in the AE7 trademark and is a wholly owned subsidiary of Pinnacle Holding Ltd. ("Pinnacle"), headquartered in Dubai. Respondent is a minority shareholder of Pinnacle and Manager of AE7 Architecture and Engineering Consultancies LLC in Abu Dhabi, Commercial License No. CN-1064566 ("AE7 Abu Dhabi"), which is also a wholly owned subsidiary of Pinnacle. As such, Respondent is a signatory of the "Pinnacle Holding Bylaws," "AE7 Board Resolutions," and "AE7 Board Resolutions" and is therefore obligated both legally and contractually to observe the rules and Code of Conduct which govern Pinnacle's wholly owned subsidiaries.

 

Respondent registered the <ae7.net> domain name on January 22, 2022.

 

According to the Complaint, on August 17, 2023, Respondent was disqualified as a shareholder of Pinnacle and his employment was terminated at AE7 Abu Dhabi due to numerous breaches of Pinnacle's Bylaws and Code of Conduct and AE7 Board Resolutions. His disqualification as a shareholder suspended all entitlements, privileges, and associated rights as a shareholder of Pinnacle, and his termination of employment removed his authorization to use any of Pinnacle's intellectual property, including any email address containing "ae7." By letter dated August 2, 2023, Respondent expressed his intent to retain the "AE7" name in Abu Dhabi and indicated his pursuit of legal measures to prohibit other entities from its use.

 

DISCUSSION AND FINDINGS

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."

 

The Panel considers the issue whether the <ae7.net> domain name should be transferred to Complainant under the Policy depends upon what relationship, if any, existed between Pinnacle and Respondent when the domain name was registered; whether and, if so, how the domain name is being used; what authority, if any, Respondent had as a shareholder of Pinnacle and as Manager of AE7 Abu Dhabi; and whether Respondent's disqualification as a shareholder and termination of employment were valid. Further, the Policy issues are inextricably intertwined with the other numerous alleged breaches specified in the Complaint.

 

These circumstances satisfy the Panel that it is inappropriate to embark upon consideration of the merits of the Complaint. The administrative proceeding should be terminated.

 

As stated by the learned Panelist in Rexair LLC v. Vladimir Leon, FA2044372 (Forum June 22, 2023):

 

"From our review of the Complaint and accompanying submissions, it is clear that this is not a dispute within the contemplation of the Policy, which is intended solely to address instances of "cyber-squatting," defined as the abusive registration and use of Internet domain names. Rather, this dispute appears to be centered around the unwinding of a business agreement, which should be confided to the jurisdiction of the appropriate local or national courts."

 

DECISION

For the reasons indicated, it is Ordered that the Complaint herein is hereby DISMISSED.

      

 

Professor David E. Sorkin, Panelist

Dated: October 19, 2023.

 

Charles Kuechenmeister, Panelist

Dated: October 19, 2023.

 

Alan L. Limbury, Panelist and Chair

Dated: October 19, 2023.