Decisión del Panel Administrativo nº D2002-0658 of WIPO Arbitration and Mediation Center, September 27, 2002 (case Macmillan Publishers Limited vs. Telepathy, Inc)

• Judge: John Swinson
• Resolution Date: September 27, 2002
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Complaint denied
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Macmillan Publishers Limited, Macmillan Magazines Limited

and HM Publishers Holdings Limited v. Telepathy, Inc

Case No. D2002-0658

1. The Parties

   The Complainants are Macmillan Publishers Limited, Macmillan Magazines Limited and HM Publishers Holdings Limited of Houndmills, companies incorporated under the laws of England & Wales, with a principal place of business at Basingstoke, Hampshire, United Kingdom.

   The Respondent is Telepathy, Inc of PO Box 53344, Washington DC, United States of America.

2. The Domain Name and Registrar

   The contested domain name is .

   The registrar is Bookmyname.com.

3. Procedural History

   The electronic version of the Complaint was filed on July 16, 2002. The hardcopy of the Complaint form was received on July 18, 2002.

   In accordance with Paragraph 4(a) of the Rules for Uniform Domain Name Dispute Resolution Policy ("ICANN Rules") and Paragraph 5 of the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy ("Supplemental Rules"), the Center verified that the Complaint satisfies the formal requirements of the ICANN Policy, ICANN Rules and Supplemental Rules.

   Payment in the required amount was received by the Center.

   On August 7, 2002, the Center formally notified the Respondent by post/courier and email of the Complaint and of the commencement of this administrative proceedings and sent copies to the Complainant, the Registrar and ICANN.

   The electronic version of the Response was filed on August 22, 2002. The hardcopy of the Response was received on August 30, 2002.

   The Center contacted John Swinson and requested that he act as Panelist in this case. Mr. Swinson accepted to act as Panelist and submitted a Statement of Acceptance and Declaration of Impartiality and Independence.

   On September 9, 2002, the parties were notified that Mr. Swinson had been appointed as Panelist.

   The language of the proceeding was English.

   The panel is satisfied that the Complaint was filed in accordance with the requirements of the ICANN Rules and Supplemental Rules; payment was properly made; the panel agrees with the Centerøs assessment concerning the Complaintøs compliance with the formal requirements; the Complaint was properly notified to the Respondent in accordance with paragraph 2(b) of the ICANN Rules; the Response was filed in accordance with the requirements of the ICANN Rules and Supplemental Rules; the administrative panel was properly constituted.

4. Factual Background

   HM Publishers Holding Limited is the parent company of Macmillan Magazines Limited and Macmillan Publishers Limited.

   The Complainants produce a magazine called NATURE. It is a respected weekly international science journal, well-known in the science community. The NATURE magazine has been in existence under this name since 1869.

   The Complainants are the owners of numerous trademark registrations for the word "NATURE" (including in Australia, China, Europe, Great Britain, Japan and the United States of America) in classes of goods and services relating to publications and magazines.

   The Respondent is a web developer and is experienced in developing online publications, database development and creating an interactive online environment.

   The disputed domain name was registered by the Respondent on March 27, 2002, and has not been used.

   The Respondent has been involved as a Respondent in a number of ICANN cases decided by respected Panelists, three of which the Respondent has won. These cases include:

   (a) J. Crew International, Inc. v. crew.com, WIPO Case No. D2000-0054

   (b) Koninklijke KPN N.V. v. Telepathy Inc., WIPO Case No. D2001-0217

   (c) Philippe Tenenhaus v. Telepathy Inc., NAF FA0003000094355

   (d) General Machine Products Company, Inc. v. Prime Domains (a/k/a Telepathy, Inc.), NAF FA0001000092531.

5. Partiesø Contentions

   1. Complainants

      The Complainants contend, in relation to its business, that:

      (a) they themselves, or companies within their Group, have substantially and continuously used the name and mark NATURE throughout the world since 1869, in respect of a magazine produced in paper and on-line version covering the topics of science, medicine, the environment and technology;

      (b) the turnover of the Complainants in 2001, was £53 million;

      (c) they own numerous Trade Mark Registrations for the mark NATURE worldwide in classes that apply to magazines, books and publications; and

      (d) they and their affiliated companies own numerous domain names containing the NATURE marks, including .

      The Complainants contend that:

      (a) the disputed domain name is identical and confusingly similar to the Complainantsø "nature" mark;

      (b) the disputed domain name leads Complainantsø customers to believe that the disputed domain name is somehow associated with, endorsed by or sponsored by...