DELL,a multinational technology corporation that sells computers,submitted a complaint to the National Arbitration Forum,requesting the domain names dellgaming.com, dellvideogames.com, dellvideogaming.com, and dellconsole.com to be transferred from the respondent to the complainant.
The corporation.represented in this case by Steven M. Levy,is the owner of many registrations with the United States Patent and Trademark Office for the "DELL" mark.
Therefore,they contended in the complaint,that the domain names is confusingly similar to its trademark.
Moreover,they accused the repspondent,Patrick McDonough of registering and using the the disputed domain names in bad faith.
"Respondent is using the disputed domain names to host a website advertising competitors of Complainant, and that this diversion of Internet users to competing businesses is an intentional disruption of Complainant’s business by Respondent. Consequently, Complainant contends that Respondent’s actions are evidence of Respondent’s registration and use of the disputed domain names in bad faith."
"Complainant also contends that Respondent is collecting “click-through” fees from the companies to which Respondent is diverting Internet users, and that these fees constitute commercial gain which is evidence of Respondent bad faith registration and use of the disputed domain names."
Because the respondent failed to submit a response in this proceeding and because the complainant managed to demonstrate all the elements required,the Panel decided the disputed domain names to be transferred from the respondent to the complainant.
You can see the decision here .
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