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					                WIPO Arbitration and Mediation Center

                        ADMINISTRATIVE PANEL DECISION

     Yahoo! Inc. and GeoCities v. Cupcakes, Cupcake city, Cupcake Confidential,
                Cupcake-Party, Cupcake Parade,and John Zuccarini

                                   Case No. D2000-0777


1.   The Parties

     Complainants are Yahoo! Inc. (“Yahoo”) and GoeCities (“GeoCities”). Yahoo! is a
     Delaware corporation with its principal place of business at 3420 Central Expressway,
     Santa Clara, California 95051, United States of America (USA). GeoCities is a
     Delaware corporation and a wholly-owned subsidiary of Yahoo!, sharing the same
     principal place of business. Respondents are Cupcakes, Cupcake City, Cupcake
     Confidential, Cupcake-Party, Cupcake Parade, and John Zuccarini. Respondents‟
     address is: 957 Bristol Pike Suite D-6, Andalusia, PA 19020, (USA).


2.   The Domain Names and Registrars

     This dispute concerns the following 27 domain names (the “Domain Names”), which
     are listed in alphabetical order with the Registrar (CORE or Network Solutions, Inc.):

      Domain Name                                                    Registrar

      40CHATYAHOO.COM                               -                CORE
      GEOCITIESCHAT.COM                             -                Network Solutions, Inc.
      YAHOCHAT.COM                                  -                CORE
      YAHOLAGANS.COM                                -                CORE
      YAHOLAGINS.COM                                -                CORE
      YAHOOCHATROOM.COM                             -                Network Solutions, Inc.
      YAHOOCLASSIFIED.COM                           -                Network Solutions, Inc.
      YAHOOE-MAIL.COM                               -                Network Solutions, Inc.
      YAHOOFINANCIAL.COM                            -                Network Solutions, Inc.
      YAHOOHOME.COM                                 -                Network Solutions, Inc.
      YAHOOHOROSCOPES.COM                           -                Network Solutions, Inc.
      YAHOOLAGENS.COM                               -                CORE
      YAHOOLAGIN.COM                                -                CORE
      YAHOOLGAN.COM                                 -                CORE
      YAHOOLGINS.COM                                -                CORE
      YAHOOLIGENS.COM                               -                CORE
      YAHOOLIGIN.COM                                -                CORE

                                           page 1
      YAHOOLIGINS.COM                               -                CORE
      YAHOOLLIGANS.COM                              -                CORE
      YAHOOLOGINS.COM                               -                CORE
      YAHOOMESSANGER.COM                            -                Network Solutions, Inc.
      YAHOOMESSENGER.COM                            -                Network Solutions, Inc.
      YAHOOPEOPLESEARCH.COM                         -                CORE
      YAHOOSERCH.COM                                -                CORE
      YAHOOTRAVEL.COM                               -                Network Solutions, Inc.
      YAHOOVOICECHAT.COM                            -                Network Solutions, Inc.
      YAOOLIGANS.COM                                -                CORE


3.   Procedural History

     The WIPO Arbitration and Mediation Center (the Center) received Yahoo! and
     GeoCities‟ complaint by email on July 12, 2000 and in hard copy on July 17, 2000. The
     Center verified that the complaint satisfies the formal requirements of the ICANN
     Domain Name Dispute Resolution Policy (the Policy), the Rules for Uniform Domain
     Name Dispute Resolution Policy (the Rules), the Supplemental Rules for Uniform
     Domain Name Dispute Resolution Policy (the Supplemental Rules). Yahoo! and
     GeoCities made the required payment to the Center. The formal date of the
     commencement of this administrative proceeding is August 9, 2000.

     Issuance of Complaint

     The complaint indicates that WHOIS records for the Domain Names list all of the
     Respondents at the same address: 957 Bristol Pike Suite D-6, Andalusia, PA 19020,
     (USA) and the Complainants sent a copy of the complaint by certified mail to this
     address. John Zuccarni is the Administrative and Billing contact for all of the Domain
     Names. His email is JohnZ@cupcakeparty.com.

     The complaint further indicates that all of the Domain Names have nearly identical
     CUPCAKE-formative registrant names, identical addresses, and nearly identical
     Administrative and Billing Contact information and that it is clear that all of the
     Domain Names were registered by the same person (namely, John Zuccarini) using
     fictitious registrant names.

     Section 3(c) of the Rules provides that a complaint may relate to more than one domain
     name as long as the domain names are registered by the same domain-name holder. The
     Panel concludes in situations such as this one where it is clear that the same person is
     registering domain names using different fictitious names, it is appropriate to proceed in
     a single complaint against multiple registrant names.

     Confirmation of Registration Details

     On July 18, 2000 the Center transmitted via email to Network Solutions and CORE a
     request for registrar verification in connection with this case. On July 21, 2000 and
     August 4, 2000, Network Solutions, Inc. and CORE respectively transmitted by email to
     the Center their verification response confirming the registrations in paragraph 2
     (above) and indicating that the Administrative and Billing contact is John Zuccarini.

     Notification of Respondents

     On August 9, 2000, the Center transmitted to JohnZ@cupcakeparty.com , Notification

                                           page 2
        of Complaint and Commencement of the Administrative Proceeding. The Center
        advised that the response was due by August 28, 2000.

        On the same day, the Center transmitted both facsimile and hard copies via air
        mail/courier service, of the foregoing documents to:

        John Zuccarini ( Cupcakes, Cupcake City, Cupcake Confidential, Cupcake-Party,
        Cupcake Parade)
        957 Bristol Pike Suite D-6
        Andalusia, PA 19020
        U.S.A

        Filing of Response

        Respondents have filed no response. On August 29, 2000, the Center transmitted
        Notification of Respondent Default to Respondents‟ by email to
        JohnZ@cupcakeparty.com .

        Constitution of Administrative Panel

        On September 19, 2000, the Center notified the parties via email that Mr. David
        Wagoner had been appointed as the panelist in this proceeding.

        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 Respondents were given adequate notice of this
        proceeding, and that Respondents have been accorded due process.


4.      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.

        Complainants’ Activities

        Yahoo! and its Services

               [21]* Yahoo! is a global Internet communications, commerce and media company
               that offers a branded network of searching, directory, information,
               communication, and shopping services to millions of Internet users daily.
               Yahoo!‟s services include web directory and search services, Internet access, real
               estate and mortgage information and rate quotes, movie reviews, weather, yellow
               pages, directory services, maps, an online shopping mall, travel reservations, and
               classified advertising. The main YAHOO! site can be accessed at the URL
               http://www.yahoo.com.

               [22] Yahoo! also offers the following services:

*
    Numbers in [ ] are paragraphs of the Complaint.

                                                      page 3
    -    travel-related information and services at its YAHOO! TRAVEL page,
         located at the URL http://travel.yahoo.com

    -    instant electronic messaging services at the YAHOO! MESSENGER page,
         located at the URL http://messenger.yahoo.com

    -    music-related services including providing an MP3 and music video player
         and downloads at the YAHOO! MUSIC page, located at the URL
         http://music.yahoo.com and at other websites within the Yahoo! network

    -    online chat services at the YAHOO! CHAT page, located at the URL
         http://chat.yahoo.com

    -    free e-mail services at the YAHOO! MAIL page, located at the URL
         http://mail.yahoo.com

    -    online games at the YAHOO! GAMES page, located at the URL
         http://games.yahoo.com

    -    financial information and stock quotes at its YAHOO! FINANCE page,
         located at the URL http://finance.yahoo.com

    -    auction services at its YAHOO! AUCTIONS page, located at the URL
         http://auctions.yahoo.com

    -    electronic greeting card services at its YAHOO! GREETINGS page, located
         at the URL http://greetings.yahoo.com

    -    credit card services including a YAHOO! VISA card located at the URL
         http://visa.yahoo.com

    -    horoscopes and astrological information at its YAHOO! ASTROLOGY
         page, located at the URL http://entertainment.yahoo.com/astrology

    -    a children‟s version of many of its services at the YAHOOLIGANS! page,
         located at the URL http://www.yahooligans.com.

-   [23] Yahoo! began as a web directory and search engine. Yahoo!‟s web directory
    was developed in early 1994. In March 1994 the directory of websites was made
    available on the Internet free of charge.

-   [24] Yahoo!‟s web directory was initially called “Jerry and David‟s Guide to the
    World Wide Web.” A short time later, in June 1994, the name was changed to
    “YAHOO!”.

-   [25] Yahoo!‟s Initial Public Offering of stock was in April 1996. Yahoo! currently
    has a market capitalization of approximately U.S. $80 billion.

-   [26] Yahoo!‟s directory and search services enable Internet users, even non-
    technical ones, to find information relevant for their purposes out of the vast
    amount of content on the Web. The YAHOO! web directory and search services
    allow users to quickly locate information on the Internet by typing in a word or
    words relating to the subject matter of interest to the user.

                                    page 4
-   [27] Yahoo! also sells advertising on its site. Much of the advertising consists of
    banner advertisements that appear on the top of directory pages within the
    YAHOO! website. A “hypertext link” is embedded in each banner advertisement,
    which allows the user to click on the banner and instantaneously access the
    advertiser‟s own website to obtain additional information or to purchase products
    or services. In addition to banner advertisements, Yahoo! also sells merchandising
    units, sponsorships, and promotions, and also sends targeted direct e-mail
    advertisements to registered users who have opted to receive such e-mails.

-   [28] Yahoo! carried the advertisements of more than 200 companies in 1996,
    more than 1,750 companies in 1998, and more than 3,500 companies during 1999.
    Among the companies that have advertised their products or services on the
    YAHOO! site are American Express, Apple, Colgate-Palmolive, Disney, The
    Gap, Honda, IBM, Lego, Microsoft, Procter & Gamble, Sony, Swatch, Toshiba,
    and Visa.

-   [29] Nearly all of Yahoo!‟s current Internet services are offered to the public free
    of charge, its income being primarily derived from the sale of advertising and co-
    branding or sponsorship agreements with other companies. Yahoo! also receives
    revenues from certain electronic commerce transactions originating from the
    Yahoo! site. Yahoo! also sells merchandise bearing the YAHOO! mark such as
    clothing, hats, posters, watches, clocks, duffel bags, baseballs, and the like.
    Yahoo!‟s revenues have skyrocketed since it started accepting advertising in
    August 1995. Revenues were $1,666,000 in 1995 and $588,608,000 in 1999.

-   [30] The YAHOO! website has become incredibly popular, with traffic of Internet
    users to the site increasing rapidly. The YAHOO! site is one of the leading
    Internet web guides in terms of traffic, advertising, household and business user
    reach, and the YAHOO! trademark is one of the most recognized brands
    associated with the Internet. The site has also been ranked number one among
    websites in numerous categories including the Arts, Entertainment, Finance,
    Health and Fitness, News, Regional/Local Content, Politics, Shopping, and
    Travel. The YAHOO! mark is unique and not diluted.

-   [31] The number of visits to the YAHOO! website has increased dramatically
    since Yahoo!‟s inception. In 1996, for example, the YAHOO! website was
    averaging 8 million “page views” per day. This translates into tens of millions of
    discrete visits to the YAHOO! site every month. Yahoo! has consistently been
    listed first or second on Web21‟s list of top 100 websites at its 100Hot.com site,
    which provides weekly rankings of the Web‟s 100 most popular sites. According
    to a November 1999 report from the Web market research firm Media Metrix, the
    Yahoo! network of properties was ranked number two in reach among work users
    (62.3%), second in home reach (57.5%), and second in combined work/home
    reach (64.7%) during that month.

-   [32] Since its inception, the YAHOO! website has been recognized with
    numerous industry awards, including the 1998 “Entrepreneurial Company of the
    Year” award from Harvard Business School, the “Best of the Net „97” award from
    Internet World magazine, and the 1998 “ASAP - Number One Internet Services
    and Content” from Forbes magazine.

-   [33] As of March 31, 2000, Yahoo! had over 145 million unique registered users,
    i.e., users who register with Yahoo! in order to participate in Yahoo!‟s registered

                                     page 5
    member services, including shopping, auctions, classifieds, e-mail, clubs,
    calendars, message boards, chat rooms, and more.

-   [34] In addition to the variety of services offered at Yahoo!‟s main site located at
    the domain name YAHOO.COM, Yahoo! operates many additional sites under
    the YAHOO! mark and using YAHOO-formative trademarks and domain names.
    Yahoo! has sites that are specific to particular countries or regions, such as China
    (YAHOO.COM.CN), Taiwan (YAHOO.COM.TW), Hong Kong
    (YAHOO.COM.HK), Japan (YAHOO.CO.JP), Canada (YAHOO.CA), Mexico
    (YAHOO.COM.MX), the United Kingdom (YAHOO.CO.UK), France
    (YAHOO.FR), Korea (YAHOO.CO.KR), Australia and New Zealand
    (YAHOO.COM.AU), Denmark (YAHOO.DK), Germany (YAHOO.DE), Norway
    (YAHOO.NO), Sweden (YAHOO.SE), and others. Yahoo! also has sites directed
    to particular U.S. cities, including New York City (NYC.YAHOO.COM),
    Washington, D.C. (DC.YAHOO.COM), Miami (MIAMI.YAHOO.COM), Atlanta
    (ATLANTA.YAHOO.COM), Boston (BOSTON.YAHOO.COM), Los Angeles
    (LA.YAHOO.COM), Seattle (SEATTLE.YAHOO.COM), and others.

-   [35] YAHOO! operates other sites specific to particular topics or population
    groups, such as the YAHOO! Chinese site which is directed to Chinese speakers
    around the world (CHINESE.YAHOO.COM), the YAHOO! en Español site
    which is directed to Spanish speakers around the world
    (ESPANOL.YAHOO.COM), and the YAHOOLIGANS! site which is specifically
    designed for children aged 7-12 (YAHOOLIGANS.COM). Yahoo! has operated
    the YAHOOLIGANS! website since 1996. The YAHOOLIGANS! website
    received FamilyPC magazine‟s “Best of the Web Award,” and in July/August
    1998 was ranked the number one Internet navigational guide for kids. Since its
    launch, traffic to the YAHOOLIGANS! site has rapidly increased each year. The
    average number of page views per month were 3.8 million in 1997. From January
    to May 2000, the YAHOOLIGANS! site has received an average of 56.7 million
    page views per month.

-   [36] Yahoo! offers a wide variety of services using the YAHOO! mark together
    with a descriptive name of its services. Other examples include YAHOO! Photos,
    YAHOO! Address Book, YAHOO! Calendar, YAHOO! Bill Pay, and YAHOO!
    Store.

-   [37] There are millions of links to “YAHOO.COM” from third-party websites. A
    search for links to “YAHOO.COM” on the AltaVista search engine revealed
    nearly 14 million web pages.

-   [38] By virtue of the arbitrary nature and hence the inherent strength of the
    YAHOO! mark as applied to Yahoo!‟s services; the millions of visitors to the
    YAHOO! network of websites every day; the millions of links to the YAHOO!
    site from third-party websites; and Yahoo!‟s extensive use, promotion, and
    registration of its YAHOO! mark, the YAHOO! mark and YAHOO.COM domain
    name have become famous.

-   [39] Two WIPO Administrative Panel decisions have also found the YAHOO!
    mark to be famous and widely-known among millions of Internet users

-   [40] Respondents are not and have never been licensees of Yahoo! Respondents
    are not and have never been otherwise authorized by Yahoo! to use the YAHOO!
    Marks.

                                    page 6
GeoCities and its Services

-    [45] GeoCities is one of the leading hosts of personal home pages on the Internet
     and owner of the internationally famous GEOCITIES trademark and trade name.
     The GEOCITIES website can be accessed at the URL http://www.geocities.com.

-    [46] GeoCities hosts the websites of others, provides online tools for the creation
     and maintenance of websites, and communicates information relating to a wide
     variety of subjects through a global computer network. GeoCities has used its
     GEOCITIES mark and GEOCITIES.COM domain name to identify its Internet
     website development and hosting services since at least as early as February 1995.

-    [47] The explosive growth of the Internet has resulted in a large number of people
     seeking to create websites to post personal information on the Web. GeoCities
     provides a place where users can easily do so, free of charge. GeoCities provides
     tools that assist users in creating and enhancing their personal web pages.

-    [48] GeoCities‟ website is divided into “neighborhoods” which are arranged by
     general topics such as Art and Literature, Education, and Entertainment. Each
     neighborhood functions as a themed community where users of GeoCities‟ web
     hosting services may “park” their websites according to their interests.

-    [49] GeoCities presently has more than 7,775,000 homesteaders (i.e., those who
     have signed up with GeoCities for full access to all GeoCities services, including
     web hosting). In March 2000, the entire GEOCITIES website received over 1.7
     billion page hits, while the GEOCITIES home page alone received in excess of 50
     million page hits.

-    [50] GeoCities also sells advertising on its site. Much of the advertising consists
     of banner advertisements that appear on the top of pages within the GEOCITIES
     website. A “hypertext link” is embedded in each banner advertisement, which
     allows the user to click on the banner and instantaneously access the advertiser‟s
     own website to obtain additional information or to purchase products or services.

-    [51] GeoCities carried the advertisements of 357 companies during 1998 and
     carried the advertisements of 390 companies during the first half of 1999. Among
     the companies that have advertised their products or services on the GEOCITIES
     site are E-Trade, CDnow, Microsoft, ABC, Disney, ESPN, Amazon.com, and
     Women.com.

-    [52] Nearly all of GeoCities‟ current Internet services are offered to the public
     free of charge, its income being primarily derived from the sale of advertising and
     co-branding or sponsorship agreements with other companies.

-    [53] GeoCities‟ revenues have increased exponentially since the site was launched
     in 1995. Revenues were $46,000 in 1995 and $18,359,000 in 1998. GeoCities was
     acquired by Yahoo! on May 28, 1999, and has been operated as a wholly-owned
     subsidiary of Yahoo! since then. At the time the acquisition was announced in
     January 1999, GeoCities hosted more than 3,500,000 websites. That number had
     more than doubled to 7,775,000 by April 2000.

-    [54] The GEOCITIES mark has appeared in the website address of each and every
     one of the approximately 7,775,000 users of GeoCities‟ web hosting services

                                     page 7
    since the launch of GeoCities. In each case, the URL of the site begins with the
    domain name “http://www.geocities.com” followed by the user name (e.g.,
    http://www.geocities.com/johnsmith).

-   [55] There are millions of links to “GEOCITIES.COM” from third-party websites.
    A search for links to “GEOCITIES.COM” on the AltaVista search engine
    revealed over 22 million web pages.

-   [56] GeoCities has received extensive unsolicited media attention since its
    inception in 1995. For example, a search for the name “GeoCities” on the NEXIS
    database, which contains stories from newspapers and other periodicals as well as
    newswire services, revealed over 13,000 stories between July 1995 and April
    2000

-   [57] By virtue of the inherent strength of the GEOCITIES mark as applied to
    GeoCities‟ services; the millions of visitors to the GEOCITIES website every day;
    the millions of links to the GEOCITIES site from third-party websites; and
    GeoCities‟ extensive use, promotion, and registration of its GEOCITIES mark,
    the GEOCITIES mark and GEOCITIES.COM domain name have become
    famous.

-   [58] Respondents are not and have never been licensees of GeoCities.
    Respondents are not and have never been otherwise authorized by GeoCities to
    use the GeoCities Marks.

Complainants’ Trademarks

YAHOO!‟s trademark holdings


-   [41] Yahoo! is the owner of the following federal trademark registrations and
    application:

    (i)    Registration No. 2,040,222 for the mark YAHOO!, filed January 24, 1996,
           issued February 25, 1997, covering computer software for searching and
           retrieving information, sites, and other resources on computer networks;
           computer software, namely, a directory of information, sites, and other
           resources available on computer networks in International Class 9; books
           regarding computer networks and searching and retrieving information,
           sites, and other resources on computer networks in International Class 16;
           promoting the goods and services of others by placing advertisements and
           promotional displays in an electronic site accessed through computer
           networks in International Class 35; computer services, namely, creating
           indexes of information, sites, and other resources available on computer
           networks; searching and retrieving information, sites, and other resources
           available on computer networks for others; providing an online link to news,
           weather, sports, current events, and reference materials in International
           Class 42.

    (ii)   Registration No. 2,040,691 for the mark YAHOO! (stylized), filed April 24,
           1996, issued February 25, 1997, covering computer services, namely,
           creating indexes of information, sites, and other resources available on
           computer networks; searching and retrieving information, sites, and other
           resources available on computer networks for others; providing an online

                                     page 8
      link to news, weather, sports, current events, and reference materials in
      International Class 42.

(iii) Registration No. 2,076,457 for the mark YAHOO!, filed January 24, 1996,
      issued July 1, 1997, covering magazines regarding computer networks and
      searching and retrieving information, sites, and other resources on computer
      networks in International Class 16.

(iv) Registration No. 2,159,115 for the mark YAHOO!, filed August 13, 1997,
     issued May 19, 1998, covering electronic mail services in International
     Class 38.

(v)   Registration No. 2,187,292 for the mark YAHOO!, filed February 28, 1997,
      issued September 8, 1998, covering online computer services, namely,
      providing information regarding the goods and services of others in the
      nature of a buyers‟ guide, by means of a global computer network in
      International Class 42.

(vi) Registration No. 2,243,909 for the mark YAHOO!, filed May 25, 1995,
     issued May 4, 1999, covering posters, in International Class 16; shirts,
     sweatshirts, jackets, visors, and hats in International Class 25.

(vii) Registration No. 2,243,823 for the mark YAHOO!, filed October 20, 1997,
      issued May 4, 1999, covering credit card services in International Class 36.

(viii) Registration No. 2,273,128 for the mark YAHOO!, filed May 25, 1995,
       issued August 24, 1999, covering computer software for use as a screen
       saver in International Class 9; housewares, namely, cups and mugs in
       International Class 21; demographic consultation services in International
       Class 35.

(ix) Registration No. 2,088,882 for the mark YAHOOLIGANS! and Design,
     filed March 28, 1996, issued August 19, 1997, covering promoting the
     goods and services of others by placing advertisements and promotional
     displays in an electronic site accessed through computer networks in
     International Class 35; computer services, namely, creating indexes of
     information, sites, and other resources available on computer networks;
     searching and retrieving information, sites, and other resources available on
     computer networks for others; providing an online link to news, weather,
     sports, current events, and reference materials; and club services relating to
     web searching and web site information in International Class 42.

(x)   Registration No. 2,280,143 for the mark YAHOOLIGANS!, filed February
      12, 1996, issued September 21, 1999, covering computer software for
      searching and retrieving information, sites, and other resources on computer
      networks, software, namely, a directory of information, sites, and resources
      available on computer networks in International Class 9; books and
      magazines regarding computer networks and searching and retrieving
      information, sites, and other resources on computer networks; posters in
      International Class 16; clothing, namely, T-shirts in International Class 25;
      promoting the goods and services of others by placing advertisements and
      promotional displays in an electronic site accessed through computer
      networks in International Class 35; computer services, namely, creating
      indexes of information, sites, and other resources available on computer

                                 page 9
          networks; searching and retrieving information, sites, and other resources
          available on computer networks for others; providing an online link to news,
          weather, sports, current events, and reference materials in International
          Class 42.

    (xi) Application No. 75/536,236 for the mark YAHOO!, filed August 13, 1998,
         covering computer software for providing multiple-user access to computer
         networks; and computer software for use in creating and designing web sites
         in International Class 9; online retail and mail order services in the field of
         general consumer merchandise; directory services to help locate people,
         places, organizations, phone numbers, home pages, and electronic mail
         address; promoting the web sites of others, namely, distributing advertising
         for others via an online electronic communications network in International
         Class 35; telecommunications services, namely, providing telephone
         communications via computer networks; electronic transmission of data,
         images, and documents via computer terminals and networks; and
         broadcasting services, namely, audio broadcasting, radio broadcasting, cable
         television broadcasting, television broadcasting, and video broadcasting in
         International Class 38; making reservations and bookings for transportation
         and online reservations and bookings for transportation in International
         Class 39; computer services, namely, providing multiple-user access to
         computer networks for the transfer and dissemination of a wide range of
         information; providing a wide range of general interest information via
         computer networks; computer bulletin and message boards in the fields of
         general interest; design, creation, hosting, maintenance, consulting, and
         technical assistance in the fields of designing, creating, hosting,
         maintaining, operating, managing, advertising, and marketing of online
         commerce web sites; providing online facilities for real-time interaction
         with other computer users concerning topics of general interest and for
         playing games; making reservations and bookings for temporary lodging
         and online reservations and bookings for temporary lodging and online
         reservations and bookings for temporary lodging; and club services relating
         to web searching and web site information in International Class 42.

         Although these registrations issued in the name of Yahoo! Inc. (a California
         corporation), they are now owned by Yahoo! Inc. (a Delaware corporation)
         by virtue of the recordation of the merger of the California corporation into
         the Delaware corporation on May 18, 1999.

-   [42] Yahoo! owns the domain name YAHOO.COM. The YAHOO.COM domain
    name was registered with Network Solutions, Inc. on January 18, 1995 and has
    been used to identify the YAHOO! website since on or about that date. Yahoo!
    also owns the domain name YAHOOLIGANS.COM. The
    YAHOOLIGANS.COM domain name was registered with Network Solutions,
    Inc. on January 26, 1996 and has been used to identify the YAHOOLIGANS!
    website since on or about that date.

-   [43] Yahoo!‟s trademark rights in the marks YAHOO! and YAHOOLIGANS!
    and variations thereof, based on its trademark filings and on its common law
    rights acquired through the use of the YAHOO! and YAHOOLIGANS! marks
    and domain names, and the YAHOO! trade name predate the registration of the
    Domain Names by Respondents.

-   [44] Having been used by YAHOO! in connection with its Internet-based business

                                    page 10
     since 1994, and having been widely promoted and advertised among members of
     the general consuming public, the YAHOO! Marks have become valuable
     property of Yahoo!. Furthermore, the YAHOO! Marks enjoy unquestionable fame
     as a result of favorable public acceptance and recognition worldwide. The
     YAHOOLIGANS! trademark is also famous.

GeoCities‟ Trademark Holdings

-    [59] GeoCities is the owner of U.S. Trademark Registration No. 2,124,762 for the
     mark GEOCITIES covering “dissemination of advertising for others via on-line
     electronic communications network” in Class 35, and “computer services, namely,
     hosting the web sites of others on a computer server for a global computer
     network; creating and maintaining web sites for others; providing on-line facilities
     for real-time interaction with other computer users concerning topics of general
     interest” in Class 42. This registration issued on December 30, 1997, and is based
     on an application filed on December 19, 1995. GeoCities also owns trademark
     registrations and/or applications for the mark GEOCITIES in approximately 14
     other countries.

-    [60] GeoCities also owns the domain name GEOCITIES.COM. The
     GEOCITIES.COM domain name was registered with Network Solutions, Inc. on
     December 15, 1995 and has been used to identify the GEOCITIES website since
     from about that date to the present. Internet users have also been able to access the
     GEOCITIES website through YAHOO!‟s website located at
     http://www.yahoo.com since approximately June 1999.

-    [61] GeoCities‟ trademark rights in the mark GEOCITIES and variations thereof,
     based on its trademark filings and on its common law rights acquired through the
     use of the GEOCITIES mark, trade name, and domain name since 1995, predate
     the registration of the Domain Names by Respondents.

-    [62] Having been used by GeoCities in connection with its Internet-based
     business since 1995, and having been widely promoted and advertised among
     members of the general consuming public, the GEOCITIES mark and name is a
     valuable property of GeoCities. Furthermore, the GeoCities Marks enjoy
     unquestionable fame as a result of favorable public acceptance and recognition
     worldwide.


Respondents’ Activities

-    [63] Respondents registered the Domain Names as set forth in Paragraph 2 above.

-    [64] When entered into a browser, six of the Domain Names redirect to a
     particular section of YAHOO!‟s website:

     (i)    the YAHOOMESSENGER.COM and YAHOOMESSANGER.COM
            domain names redirect to the YAHOO! MESSENGER site at
            http://messenger.yahoo.com

     (ii)   the YAHOOHOROSCOPES.COM domain name redirects to the YAHOO!
            ASTROLOGY site at http://entertainment.yahoo.com/astrology

     (iii) the YAHOOTRAVEL.COM domain name redirects to the YAHOO!

                                     page 11
          TRAVEL site at http://travel.yahoo.com

    (iv) the GEOCITIESCHAT.COM domain name redirects to the YAHOO!
         CHAT site at http://chat.yahoo.com

    (v)   the YAHOOSERCH.COM domain name redirects to the main YAHOO!
          page at http://www.yahoo.com.

    (vi) the GEOCITIESCHAT.COM domain name currently redirects only to
         YAHOO!‟s website, and does not redirect to Respondents‟ “pop-up”
         websites.

    At the same time these domain names redirect to various pages of the YAHOO!
    website, additional windows “pop-up” containing websites and advertisements of
    third parties for various goods and services including credit card services, auction
    services, online greeting card services, free music videos and MP3s, and
    downloadable games. Yahoo! offers all of these goods and services at the Yahoo!
    website. Furthermore, when users attempt to click “back” on their browser‟s main
    window, additional windows open containing these third-party websites and
    advertisements.

-   [65] The following thirteen Domain Names redirect directly to Respondents‟
    numerous “pop-up” windows, and do not forward the user to Yahoo!‟s websites:

           40CHATYAHOO.COM
           YAHOCHAT.COM
           YAHOLAGANS.COM
           YAHOLAGINS.COM
           YAHOOLAGENS.COM
           YAHOOLGAN.COM
           YAHOOLGINS.COM
           YAHOOLIGENS.COM
           YAHOOLIGINS.COM
           YAHOOLLIGANS.COM
           YAHOOLOGINS.COM
           YAHOOVOICECHAT.COM
           YAOOLIGANS.COM

-   [66] The following Domain Names are currently inactive:

           YAHOOCHATROOM.COM
           YAHOOCLASSIFIED.COM
           YAHOOE-MAIL.COM
           YAHOOFINANCIAL.COM
           YAHOOHOME.COM
           YAHOOLAGIN.COM
           YAHOOLIGIN.COM
           YAHOOPEOPLESEARCH.COM.

-   [67] As a result of Respondents‟ webforwarding activities, Internet users may
    mistakenly enter one of Respondents‟ Domain Names and be forwarded to
    YAHOO!‟s or GeoCities‟ own websites. However, when the additional windows
    “pop-up” containing advertisements for third-party goods and services, these
    Internet users are likely to be misled into believing that Yahoo! or GeoCities

                                    page 12
    sponsors or endorses those advertisers and their goods and services. Respondents
    maliciously prey upon Internet users who may not realize that they made an error
    in the domain name. Indeed, Internet users will likely not know they made an
    error in the domain name because they actually reached YAHOO!‟s site.
    Similarly, Internet users redirected to Respondents‟ “pop-up” websites will
    mistakenly believe they have reached YAHOO! or GeoCities given the similarity
    in names and that the products or services offered in the “pop-up” sites are also
    offered by YAHOO! and/or GeoCities.

-   [68] In fact, Respondents‟ activities have caused actual confusion. An example is
    e-mail correspondence between a YAHOO! Travel user and Yahoo!‟s customer
    service department, where the user has apparently been accessing Yahoo!‟s travel
    services by mistyping Respondents‟ YAHOOTRAVEL.COM domain name
    instead of the correct TRAVEL.YAHOO.COM domain name. Unaware that he is
    incorrectly accessing YAHOO!‟s travel services, the user notes that Respondents‟
    “pop-up” pages are “quite annoying and really [jams] up your page. It makes it
    quite difficult to do business with your company at times.”

-   [69] Respondents‟ “pop-up” websites directly and unfairly compete with Yahoo!
    and GeoCities by offering services identical or closely related to those offered by
    Complainants. Internet users attempting to locate YAHOO!‟s or GeoCities‟
    services might instead choose to use or purchase the services offered by the third-
    party advertisers featured in Respondents‟ “pop-up” windows. Rather than
    advertising and promoting their own brands, Respondents registered derivations
    of the YAHOO! Marks, the YAHOOLIGANS! mark, and GeoCities Marks to
    deprive Complainants of the Internet traffic and potential revenues rightly
    intended for Complainants, thereby disrupting Complainants‟ businesses.

-   [70] On March 29, 1999, YAHOO!‟s outside trademark counsel sent a cease and
    desist letter to John Zuccarini, demanding that he discontinue linking the
    YAHOOTRAVEL.COM domain name to a website offering pornography, and
    transfer the domain name to YAHOO!. On March 31, 1999, Zuccarini sent a
    reply, stating that forwarding it to a pornographic website was a mistake, that he
    redirected the domain name to YAHOO!‟s travel site, and that he would initiate
    the procedure to transfer the domain name to YAHOO!.

-   [71] Subsequently, Yahoo!‟s outside trademark counsel followed up numerous
    times with Zuccarini regarding transfer of the YAHOOTRAVEL.COM domain
    name. However, Zuccarini never sent the Registrant Name Change Agreement
    forms as promised.

-   [72] On June 9, 1999, Yahoo!‟s outside trademark counsel followed up with
    Zuccarini again after discovering that he owned numerous other YAHOO-
    formative domain names. Zuccarini subsequently deactivated several of the
    YAHOO-formative domain names, but did not transfer them to Yahoo! as
    promised during the course of communications with Yahoo!‟s outside trademark
    counsel. In fact, Zuccarini continued to register new YAHOO-formative domain
    names despite Yahoo!‟s numerous and clear objections to his registration and use
    of YAHOO-formative domain names.

-   [73] Respondents are known prolific cybersquatters that register domain names
    consisting of well-known trademarks owned by others and celebrity names, and
    typographical misspellings and phonetic misspellings of well-known trademarks
    owned by others and celebrity names.

                                    page 13
     -    [74] In addition to their misappropriation of the famous YAHOO!,
          YAHOOLIGANS!, and GEOCITIES marks, Respondents have registered
          variations of the following famous trademarks, trade names, and celebrity names
          as domain names: DISNEY, SONY, BLUE MOUNTAIN ARTS, HEWLETT-
          PACKARD, NATIONAL CAR RENTAL, BRITNEY SPEARS, SALMA
          HAYEK, OPRAH WINFREY, JENNIFER LOPEZ, STAR WARS, MAYO
          CLINIC, MICHAEL JORDAN, ALLY MCBEAL, RICKY MARTIN, USA
          TODAY, TACO BELL, AUSTIN POWERS, MICROSOFT, and PLAYBOY.

     -    [75] A United States Federal District Court recently found John Zuccarini‟s
          activities to constitute “cybersquatting” under the Anticybersquatting Consumer
          Protection Act. In Shields v. Zuccarini, 54 U.S.P.Q.2d 1166 (E.D. Pa. 2000), the
          court found that Zuccarini‟s registration of domain names containing variations of
          the famous JOE CARTOON mark, and use of the domain names to identify
          websites featuring advertisements for other websites and credit card companies
          constituted a bad faith intent to profit. The court also noted that as a result of
          misdirecting Internet users to his sites where they are forced to view
          advertisements, Zuccarini makes nearly $1 million per year from such activities.

     -    [76] Respondents have been the subject of four administrative decisions under the
          Policy, finding that they had registered and used domain names containing the
          well-known trademarks of others in bad faith.

     -    [77] Respondents use and/or intend to use the Domain Names, all identical or
          confusingly similar variations of the famous YAHOO!, YAHOOLIGANS!, and/or
          GEOCITIES marks, trade names, and domain names, to divert Internet users
          attempting to reach the Complainants‟ websites and to trade on the tremendous
          goodwill of the Complainants‟ marks and names.

     -    [78] It would appear that at the time that Respondents registered the Domain
          Names, they had actual knowledge of Yahoo!‟s rights to the YAHOO! mark and
          YAHOO.COM domain name and the YAHOOLIGANS! mark and
          YAHOOLIGANS.COM domain name, and registered the Domain Names in bad
          faith to take advantage of the tremendous reputation and goodwill of the
          YAHOO! mark and name. Respondents had actual notice of Yahoo!‟s rights in
          the YAHOO! mark and name for any domain names registered after March 29,
          1999 as a result of Yahoo!‟s counsel‟s March 29, 1999 letter to Zuccarini.
          Likewise, it would appear that, at the time that Respondents registered the
          Domain Names, they had actual knowledge of GeoCities‟ rights to the
          GEOCITIES mark and GEOCITIES.COM domain name and registered the
          GEOCITIESCHAT.COM domain name in bad faith to take advantage of the
          tremendous reputation and goodwill of the GEOCITIES mark and name.

     -    [79] It would appear that at the time that Respondents registered the Domain
          Names, Respondents intentionally and willfully misrepresented to Network
          Solutions, Inc. and CORE that the registration of the Domain Names did not
          interfere with or infringe upon the rights of any third parties and that the Domain
          Names were not being registered for any unlawful purpose.


5.   Parties’ Contentions

     The Complaint alleges that this dispute is subject to a mandatory Administrative

                                          page 14
     Proceeding as provided for in Section 4(a) of the Policy because;

     (i)    Fourteen of the Domain Names fully incorporate Yahoo!‟s valuable and famous
            trademark YAHOO! or a misspelling of the YAHOO! mark within the second-
            level domain name under the top level .COM, and are confusingly similar to
            Complainant‟s YAHOO! mark.

     (ii)   Twelve of the Domain Names consist of a typographical misspellings of
            YAHOOLIGANS! within the second-level domain name under the top level
            .COM, and are confusingly similar to YAHOO!‟s YAHOOLIGANS! mark.

     (iii) One of the Domain Names fully incorporates GeoCities‟ valuable and famous
           trademark GEOCITIES within the second-level domain name under the top level
           .COM, and is confusingly similar to GeoCities‟ GEOCITIES mark.

     (iv) Respondents do not have rights or a legitimate interest in the Domain Names by
          virtue of the fact that they contain and trade on the goodwill of Complainants‟
          famous YAHOO!, YAHOOLIGANS! and GEOCITIES marks, and Respondents‟
          use of those marks is unauthorized.

     (v)    Respondents‟ registration and use of the Domain Names meet the bad faith
            requirement described in Paragraph 4(a) of the Policy.

     (vi) Facts in support of these contentions are set forth in paragraph 4 of this Decision.

     (vii) As a remedy, Complainants request that all of the domain names be immediately
           transferred to Yahoo!.

     The Response

     Respondents have filed no response and are in default under Sections 5 and 14 of the
     Rules.


6.   Discussion and Findings

     Paragraph 4.a of the Policy directs that Complaints must prove, with respect to each
     domain name in issue, each of the following:
     (1) The domain name in issue is identical or confusingly similar to the Complainants‟
          trademarks and

     (2)    Respondents have no rights or legitimate interests in respect of the name, and

     (3)    The domain name has been registered and is being used in bad faith.

     Paragraph 4.b of the Policy sets out four illustrative circumstances, which for purposes
     of Paragraph 4(a)(iii), shall be evidence of the registration and use of a domain name in
     bad faith.

     Paragraph 4.c of the Policy sets out three illustrative circumstances which, if proved,
     shall demonstrate respondent‟s rights or legitimate interests to the domain name for
     purposes of Paragraph 4(a)(ii) above.



                                           page 15
Identical or Confusingly Similar Domain Names

Complainants have proved that Respondents‟ Domain Names are identical or
confusingly similar to trademarks in which Complainants have rights.

(1)   The trademarks and websites of YAHOO!, Yahooligans! and GeoCities
      -     are well and favorably known worldwide,
      -     are associated with goods and services offered over the internet
      -     are regularly seen and seen by millions of people
      -     are valuable property and famous.

(2)   Fourteen of the Domain Names fully incorporate YAHOO!‟s valuable and famous
      trademark YAHOO! or a misspelling of the YAHOO! mark within the second-
      level domain name under the top level .COM, and are confusingly similar to
      Complainant‟s YAHOO! mark.

(3)   Twelve of the Domain Names consist of a typographical misspellings of
      YAHOOLIGANS! within the second-level domain name under the top level
      .COM, and are confusingly similar to Yahoo!‟s YAHOOLIGANS! mark.

(4)   One of the Domain Names fully incorporates GeoCities‟ valuable and famous
      trademark GEOCITIES within the second-level domain name under the top level
      .COM, and is confusingly similar to GeoCities‟ GEOCITIES mark.

(5)   Significant numbers of internet users who are familiar with the terms YAHOO!,
      Yahooligans!, and GeoCities are likely to regard Respondents Domain names as
      related to, affiliated with, or endorsed by Yahoo! or GeoCities.

(6)   Respondents‟ webforwarding activities are likely to mislead internet users into
      believing that products and services offered by Respondents are being sponsored
      or endorsed by YAHOO! or GeoCities, given the similarity of the names and
      products and services offered.

(7)   Respondents activities have in fact caused confusion.

(8)   Confusing similarity depends on similarity of mark and terms, similarity of
      products and services, similarity of distribution channels, similarity of users, etc.
      Respondents have intentionally tried to benefit from all of these similarities.
      Respondents Domain Names are confusingly similar.

Respondents’ Rights or Legitimate Interests in the Domain Names

Paragraph 4.c of the Policy sets out the circumstances which if proved not to exist by
Complainant demonstrate that Respondents have no rights or legitimate interests in the
domain names for purpose of Paragraph 4(a)(ii) of the Policy. The evidence presented
demonstrates that Respondents do not meet any of the criteria.

(1)   Respondents are not using and have not used or are not demonstrating and have
      not demonstrated an intent to use the Domain Names in connection with a
      bonafide offering of goods and services. The evidence indicates that any offering
      of goods or services by Respondents is not bonafide but is instead a bad faith
      effort to trade upon and take advantage of Complainants‟ trademarks, reputation
      and valuable interests.


                                       page 16
(2)   Respondents are not and have not been commonly known by the Domain Names.
      The evidence indicates that all of the Domain Names are registered by the same
      person, Respondent John Zuccarini using fictitious registration names such as
      Cupcakes, Cupcake City, Cupcake Confidential, Cupcake-Party and Cupcake
      Parade. There is no evidence that any of the Respondents have been commonly
      known by the Domain Names.

(3)   Respondents are not making legitimate non commercial or fair use of the Domain
      Names, without intending to mislead and divert customers or to tarnish
      Complainants marks for commercial gain. The overwhelming evidence is that
      Respondents were in fact intending to mislead and divert customers and to tarnish
      the Complainants‟ marks for commercial gain.

In summary, Complainants have proved that Respondents have no rights or legitimate
interests in respect of the Domain Names. Although the Panel has no doubt on this
score, section 14(e) of the Policy provides that in the event of default “in the absence of
exceptional circumstances”, the Panel “shall draw such inferences therefrom as it
considers appropriate”. Here there are no exceptional circumstances and the Panel
draws the inference that Respondents have no rights or legitimate interests in respect of
the Domain Names, confirming what the evidence clearly demonstrates.

Domain Names Registered and Used in Bad Faith

Complainant has proved that the Domain Names have been registered and are being
used in bad faith as required by paragraph 4 of the Policy. The evidence
overwhelmingly demonstrates that:

(1)   Respondents‟ registration and use of the Domain Names is part of a pattern of
      registering domain names that have incorporated others‟ trademarks and famous
      names, section 4(b)(ii) of the Policy

(2)   Respondents use the Domain Names to intentionally attract, for commercial gain,
      internet users to their websites by creating a likelihood of confusion with
      Complainants‟ marks as to the source, sponsorship, affiliation and endorsement of
      Respondents‟ websites, advertisements and services offered on those sites, section
      4(b)(iv) of the policy.

(3)   Respondents‟ registration and use of the Domain Names was primarily for the
      purpose of disrupting the business of competitors, section 4(b)(iii)

(4)   There is no plausible explanation for Respondents‟ registration of the Domain
      Names other than to trade on the goodwill of Complainants and their marks and
      name.

Appropriate Remedy

Pursuant to Section 12 of the Policy, Yahoo! asks the Panel to compel Registrants to
produce the full list of domain names they have registered incorporating and/or
misspelling the YAHOO!, YAHOOLIGANS!, and GEOCITIES marks. The Panel has
no authority to grant this request since under Section 4(i) of the Policy the Panel is
limited to requiring cancellation of a domain name or the transfer of the domain name
registration to the complainant. Here the proper remedy is to request that all the Domain
Names be transferred to Yahoo!.


                                      page 17
7.   Decision

     In light of the foregoing, the Panel decides that;

     (1)   The Domain Names registered by Respondents and at issue here are confusingly
           similar to Complainants marks,

     (2)   Respondents have no rights or legitimate interests in respect of the Domain
           Names at issue, and

     (3)   The Domain Names at issue have been registered and are being used in bad faith
           by Respondents.

     Accordingly the Panel requests that the Registration of the 27 Domain Names set forth
     in paragraph 2 of this Decision be transferred to Yahoo!.




                            ______________________________
                                     David Wagoner
                                      Sole Panelist

                                   Dated: October 2, 2000




                                            page 18

				
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