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WIPO Arbitration and
Dr. Ing. h.c. F. Porsche AG v. Domains by Proxy, Inc. and Vladimir Putinov
Case No. D2004-0311
1. The Parties
The Complainant is Dr. Ing. h.c. F. Porsche AG, Stuttgart, Germany, represented by Lichtenstein, Kцrner & Partners, Germany.
The Respondents are Domains by Proxy, Inc., Scottsdale, Arizona, United States
of America (“First Respondent”) and Vladimir Putinov, Moscow, Russian
Federation (“Second Respondent”).
2. The Domain Name and Registrar
The disputed domain name <pornsche.com> (“Domain Name”) is
registered with Go Daddy Software (“the Registrar”).
3. Procedural History
On April 28, 2004, the Complainant filed the Complaint with the WIPO Arbitration and Mediation Center (the “Center”) against the First Respondent. On the same date, the Center transmitted by e-mail to the Registrar a request for registrar verification in connection with the Domain Name. That day the First Respondent was removed as registrant from the Whois database and substituted with the Second Respondent. Then, again, on April 28, 2004, the Registrar transmitted by e-mail to the Center its verification response denying that the First Respondent was the registrant of the Domain Name. The Registrar identified the Second Respondent as the current registrant and provided his administrative, billing, and technical contact details.
In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amendment to the Complaint on May 7, 2004, adding the Second Respondent to the proceedings. The Center verified that the Complaint together with the amendment to the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on May 11, 2004. In accordance with the Rules, paragraph 5(a), the date due for Response was May 31, 2004. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on June 7, 2004.
The Center appointed Anna Carabelli as the sole panelist in this matter on
June 17, 2004. The Panel finds that it was properly constituted. The Panel has
submitted the Statement of Acceptance and Declaration of Impartiality and Independence,
as required by the Center to ensure compliance with the Rules, paragraph 7.
4. Factual Background
The Complainant has been manufacturing for over 50 years well-known sport car under the trademark “PORSCHE”.
The Complainant has provided evidence a number of trademark registrations for the word PORSCHE in many countries, covering a wide range of goods and services (Annexes 2-16 to the Complaint), namely:
PORSCHE - US Trademark Reg. No. 0618933 registered on January 10, 1956, in connection with automobiles and parts thereof;
PORSCHE- US Trademark Reg. No. 2200107, registered on October 27, 1998, in connection with travel agency services, namely, arranging reservations and bookings for temporary lodging;
PORSCHE - US Trademark Reg. No. 1431901, registered on March 10, 1987, in connection with, among other goods, printed material, namely, books and magazines comprising articles relating to applicant and automotive histories;
PORSCHE - US Trademark Reg. No. 1315679, registered on January 22, 1985, in connection with Chronometric Instruments-namely, Watches; Jewelry;
PORSCHE - US Trademark Reg. No. 1279014, registered on May 22, 1984, in connection with Pill Boxes, Vases, Flasks for Perfume, Small Domestic Utensils and Containers, Glass, Porcelain and Earthenware, Beverageware and Dinnerware; Brushes and Combs; Leather Coasters;
PORSCHE - US Trademark Reg. No. 1280748, registered on June 5, 1984, in connection with Articles of Leather or of Imitation Leather-Namely, Luggage, Suitcases, US Handbags, Briefcases; Key Fobs, Key Cases, Key Pouches, Wallets, Purses, All Purpose Sport Bags, Parasols and Umbrellas;
PORSCHE - US Trademark Reg. No. 1315853, registered on January 22, 1985, in connection with Towels;
PORSCHE - US Trademark Reg. No. 1503994, registered on September 13, 1988, in connection with articles of outer clothing, namely shirts, pullovers, jackets and parkas; footwear; head bands and wrist bands; caps and sun visors; ties and belts;
PORSCHE - US Trademark Reg. No. 1370326, registered on November 12, 1985, in connection with, among other goods, toys and playthings;
PORSCHE - German Trademark No. 643 195, registered on August 26, 1953, in connection with automobiles and parts thereof;
PORSCHE (Shield) - German Trademark No. 1001976, registered on May 14, 1980;
PORSCHE - International Trademark No. 179 928, registered on October 8, 1954;
PORSCHE - International Trademark Reg. No. 473 561, registered on September 29, 1982;
PORSCHE - European Trademark Reg. No. 000073098, registered on December 12, 2000;
PORSCHE - Canadian Trademarks Reg. No. TMA117102 and No. TMA117101, both registered on March 4, 1960;
PORSCHE - Stuttgart Canadian Trademark Reg. No. TMA414155, registered on July 2, 1993;
PORSCHE - Canadian Trademark Reg. No. TMA346447, registered on October 14, 1988.
The Complainant operates the websites “www.porsche.de” and “www.porsche.com”.
The Complainant has also provided a printout of the Whois database of April 27, 2004, according to which the First Respondent was the registrant of the Domain Name since November 7, 2003 (Annex 1 to the Complaint).
On April 28, 2004, however, the Registrar denied that the First Respondent was the registrant of the Domain Name and identified in the Second Respondent the current registrant, who was added as a second respondent to the present proceedings.
The Complainant has also provided a copy of an article published on September 17, 2002, on the web page “www.udrplaw.net”, the Uniform Domain Name Dispute Resolution Policy Legal Information Site, which reports the Registrar’s launch, through the sister company Domain By Proxy, of a new reseller service, which, by allowing its customers to use <domainsbyproxy.com> as a contact in the Whois database, guarantees them anonymity and protection when registering domain names (Annex 17 to the Complaint).
The Registrar is an ICANN accredited domain name registrar (Annex 18 to the Complaint) through which the First Respondent has registered its domain name <domainsbyproxy.com> (Annex 20 to the Complaint).
Printouts of the web page “www.domainsbyproxy.com” confirm (i) the affiliation between the Registrar and the First Respondent (Annex 20, 2nd paragraph); and (ii) the aim of the above mentioned service, which offers a remedy to the easily available contact information provided to the Whois database when registering a domain name: “The law requires that the personal information you provide with every domain you register be made public in the “WHOIS” database. Your identity becomes instantly available - and vulnerable - to spammers, scammers, prying eyes and worse. But now there’s a solution: Domains By Proxy!” (Annex 19 to the Complaint, 2nd paragraph).
Under paragraph 4 (c) of the Domain Name Proxy Agreement (Annex 21 to the Complaint), Domains by Proxy reserves the right to disclose the personal information of its customers when named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding which may arise out of their registration. The First Respondent safeguards itself by stating that, in such a case: “Your private domain name registration will automatically revert back to You and Your identity will therefore be revealed in the Whois directory as Registrant.”
The Domain Name resolves into the webpage “www.pornsche.com” which has pay per click links to other web pages of explicit sexual content and which operates as a search engine for pornographic material. The name “pornsche” displayed on the top of the web page, graphically recalls the PORSCHE trademark. The sub-line recites “Find Porn Fast” (Annex 22 to the Complaint).
After the Complaint was filed with the Center but before the formal commencement
of administrative proceedings, the name of the registrant was changed into Vladimir
Putinov, the Second Respondent to this proceeding.
5. Parties’ Contentions
The Complainant contends that:
- the Complainant’s trademark “PORSCHE” is a distinctive mark which enjoys worldwide reputation and which has been used for over 50 year in connection with the Complainant’s activity as a sport cars manufacturer;
- the name “Porsche” is registered as a trademark in almost any country of the world, primarily for cars and parts thereof, which are sold through a global network of authorized dealers (Annexes 2-16 to the Complaint);
- through the First Respondent, which is an affiliated company of the Registrar, the latter manipulates the Whois system and the UDRP to lure Cybersquatters, who are interested in keeping their personal information anonymous to evade legal actions by trademark owners; this is confirmed by the choice of the word “Worse” in promotion of the service, which must be translated into “litigation”: “The law requires that the personal information you provide with every domain you register be made public in the “WHOIS” database. Your identity becomes instantly available - and vulnerable - to spammers, scammers, prying eyes and worse. But now there’s a solution: Domains By Proxy!”;
- the First Respondent, in offering the service of anonymity, does not intend to take any responsibility, since, according to paragraph 4 (c) of the Domain Name Proxy Agreement and in patent breach of paragraph 8 of the Policy, it reserves the right to erase itself from the Whois database and have its name replaced by the name of its customers when named as a defendant in any kind of litigation, including UDRP proceedings;
- there are no business relationships whatsoever between all the Parties to these proceedings;
- the foreseeable replacement of the First Respondent, the Registrar’s affiliated, by the Second Respondent in the Whois database, which occurred after the notice of Complaint but before the formal commencement of the proceedings, is a conspiracy operated by the Registrar together with the First Respondent (i) to avoid to be dragged into a case of Cybersquatting; and (ii) to hamper the enforcement of trademark rights and to obstruct justice and the UDRP system, this integrating a case of “Cyberflying”;
- the Second Respondent is a phony, whose name was inspired by the Russian President Vladimir Putin and whose contact details (address and phone number) do not exist, being the real owner of the Domain Name still hidden by its accomplices, the First Respondent and the Registrar;
- given that according to Art.1 of the Rules “Respondent means the holder
of a domain name registration against which a complaint is initiated.”,
the respondent of the present proceedings should be the First Respondent, namely
the person or legal entity who is the registrant of a domain name according
to the Whois database when a Complaint is filed;
- the Domain Name resolves into a web site designed as a porno search engine and containing pay per click links to other web pages of pornographic content; the Complainant further contends that the name “Pornsche” and the sub-line “Find Porn Fast” both allude to the Complainant;
- the Domain Name is confusingly similar to the Complainant’s trade name and trademark PORSCHE, since the addition of the letter “n” is not sufficient to prevent confusing similarity and serves the purpose of a pornographic business;
- neither the First Respondent nor the Second Respondent have a right or a legitimate interest in respect of the Domain Name since there are no indications of their use or preparation to use the Domain Name in connection with a bona fide offering of goods and services, both being involved, together with the Registrar, in an act of Cybersquatting, in fact the trademark “Porsche” is improperly used to attract Internet users to a pornographic web page. Furthermore, the First Respondent is not commonly known by the Domain Name, has never been licensed or permitted to use as official dealers the trademark in issue, and it is not making any non-commercial use of the Domain Name;
- the Domain Name has been registered and is being used in bad faith since the First and the Second Respondent (i) intentionally chose a domain name which closely resembles the Complainant’s trademark, in order to attract Internet users who inadvertently mistype “porsche” or who are deceived and confused by the strong similarity; (ii) both accomplices in a scheme meant to conceal the identity of the Second Respondent, encourage Cybersquatting and undermine the Whois system and the Policy for their own benefit; (iii) obstruct the administrative proceedings through Cyberflying in breach of paragraph 8(a) of the Policy.
The Complainant’s primarily requests the Panel to cancel the transfer operated from the First Respondent to the Second Respondent and to grant the transfer from the First Respondent to the Complainant, applying paragraphs 3(c) and 8(a) of the Policy. Failing that, it subordinately requests the Panel to issue a decision against both the First and the Second Respondent.
Neither the First nor the Second Respondent did reply to the Complainant’s
6. Discussion and Findings
Paragraph 15(a) of the Rules instructs the Panel to decide the complaint on the basis of the statements and documents submitted and in accordance with the Policy, the Rules and any rules and principles of law that it deems applicable.
Under paragraph 4(a) of the Policy, the complainant must prove each of the following:
(i) the domain name in issue is identical or confusingly similar to the complainant’s trademark or service mark; and
(ii) the 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.
Paragraph 4(b) of the Policy sets out four illustrative circumstances which for the 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 any one of which if proved by respondent, shall be evidence of the respondent’s rights to or legitimate interests in the domain name for the purpose of paragraph 4(a)(ii) above.
It is relevant to this decision that the Panel expresses a finding on who is the correct Respondent in these proceedings, as it is only in respect of that person or entity that it must be proven that it has no rights or legitimate interests in the Domain Name and that it has acted in bad faith.
Paragraph 8(a) of the Policy, which forms part of the registration agreement, advises the domain name registrant that he “may not transfer [your] the domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to paragraph 4 […]. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph”. In other words, a registrant may not engage in so called “Cyberflying” – i.e. the transfer of a domain name registration to another holder during a “pending” proceeding to escape the jurisdiction of the Panel.
Under Paragraph 3(xii), a respondent is notified of
a proceeding before its formal commencement. To avoid injustice to complainants,
several Panel decisions have interpreted paragraph 8(a) as applying from the
initiation of the proceeding (by the filing of the complaint) rather than from
the formal commencement of the proceeding under Paragraph 3(a). (Disney
Enterprises, Inc. v. John Zuccarini, Cupcake City and Cupcake Patrol, WIPO
Case No. D2001-0489; Imperial Chemical Industries, PLC v. Oxford University,
WIPO Case No. D2001-0292; Kabushiki
Kaisha Isetan v. Stars Web International and Isetan, Inc., WIPO
Case No. D2001-0732 and Kцstritzer Schwarzbierbrauerei v. Macros-Telekom
Corp., WIPO Case No. D2001-0936;
Microsoft Corporation v. WDW Inc. and William Claude Dukenfield, WIPO
Case No. D2002-0412).
As stated in the case British Broadcasting Corporation
v. Data Art Corporation / Stoneybrook, WIPO
Case No. D2000-0683: “[t]o interpret section 8(a) of the Policy in
such a way as to permit transfers of registration after notice of the complaint
to the respondent but before official commencement of the proceedings by way
of notification from the provider would not do justice to complainants who have
initiated complaints in accordance with the Policy and Rules. Moreover, such
an interpretation would appear to permit, if not encourage the phenomenon cyberflying,
where a registrant of a domain name, when named as the respondent in a domain
name dispute case, systematically transfers the domain name to a different registrant
to disrupt the proceeding.” In that case, as a result, the panel ignored
the transfer. (See also Imperial Chemical Industries, plc v. Oxford
University, WIPO Case No. D2001-0292).
In the present case there is an uncontested evidence that (i) the First Respondent is a company affiliated to the Registrar; and (ii) after the Complaint was filed with the Center and served on the First Respondent, the Domain Name was transferred to the Second Respondent who, according to the Complainant, is meant to avoid involvement of the Registrar’s name and affiliated Company as well as of the real owner of the Domain Name in a litigation grounded on Cybersquatting.
The Panel is persuaded by the Complainant’s contentions and it believes that both the Registrar and the First Respondent have infringed Paragraph 8 (a) of the Policy for their own and their customers’ benefit, actuating a case of Cyberflying. This Panel notes that the main idea behind Domains by Proxy’s service seems to help registrants from receiving spam email. Nevertheless, the Panel is concerned with paragraph 4 (c) of the Domain Name Proxy Agreement, where the First Respondent acknowledges that, when named as a defendant in any kind of litigation, i.e. after the initiation of a proceeding, its name on the Whois database is replaced by the name of its customers. This may obstruct the due course of a UDRP case.
Finally, in view of the failure of both the First
and the Second Respondent to reply to the Complainant’s allegations, the
Panel must infer that neither of them deny the facts which the Complainant asserts
or the conclusions which in the Complainant’s view can be drawn from these
facts (See Reuters Limited v. Global Net 2000, Inc., WIPO
Case No. D2000-0441).
In the light of the above, the Panel finds that the
transfer to the Second Respondent cannot be recognized and must therefore be
cancelled for the purpose of these proceedings according to Paragraph 8(a) of
the Policy. The Panel considers the First Respondent (the registrant at the
time in which the Complaint was filed) as the primary Respondent in this proceedings
(Infospace, Inc. v. Siavash Jimmy Behain, et al., WIPO
Case No. D2000-1631) and therefore it will hereinafter be referred to simply
as “the Respondent”.
Any transfer which has occurred will not in any way prevent implementation of the Panel’s decision, and the Registrar will be bound to transfer the Domain Name, if the case be, in compliance with the Panel’s decision.
Even though the Respondent has failed to file a Response and to contest the Complainant’s allegations, the Panel will review the evidence provided by the Complainant to verify that the essential elements of the Complaint are actually met.
A: Identical or Confusingly Similar
The only distinction between the Domain Name and the Complainant’s mark “PORSCHE” is given by the addition of the letter “n” in the middle of the trade name.
It has become common practice for potential infringers to register domain names with minor spelling variations, a phenomenon which is commonly known as “Typosquatting”.
In the present case, typosquatting has been done in a strategic manner by adding the key letter “n” to the trademark “Porsche” so as to phonetically recall the Complainant’s trademark and simultaneously alluding to the pornographic contents of the web site connected to the Domain Name.
Furthermore, in the assessment of whether a domain
name and a trademark are confusingly similar, the distinctiveness of the trademark
must be taken into account. Here, there are no doubts on the distinctiveness
of the Complainant’s trademark which has been registered all over the
world and is commonly associated with the Complainant’s activity of sports
car manufacturer. (Doctor Ing.h.c. F.Porsche AG v. Stonybrook Investments
Limited, WIPO Case No. D2001-1095).
Because the Complainant’s trademark is so well known, Internet users finding <pornsche.com> on search engines or elsewhere are led to believe that the Complainant is the registrant or is otherwise associated with the Domain Name; or, if not misled, they are at least confused into wondering whether this is so.
The slight spelling variation does not prevent the Domain Name from being confusingly
similar to the Complainant’s mark (see, e.g., Encyclopedia Britannica,
Inc. v. John Zuccarini and The Cupcake Patrol a/ka Country Walk a/k/a Cupcake
Party, WIPO Case No. D2000-0330; Oxygen
Media, LLC v. Primary Source, WIPO
Case No. D2000-0362) nor does the addition of the gTLD “.com”,
which has no legal significance when comparing domain names.
In the absence of any argument to the contrary, this Panel finds that the Domain Name, although not identical, is without doubt confusingly similar to the Complaint’s trademark.
B. Rights or Legitimate Interests
Paragraph 4(c) sets out in particular but without limitation three circumstances which if proved by respondent, shall be evidence of the respondent’s rights to or legitimate interests in the domain name for the purpose of paragraph 4(a)(ii), namely:
(i) before any notice of the dispute to the respondent, the respondent’s use of, or demonstrable preparation to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) the respondent (as an individual, business, or other organization) has been commonly known by the domain name, even if respondent has acquired no trademark or service mark rights; or
(iii) the respondent is making a legitimate non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
It has been consistently and repeatedly established by WIPO panels that “once
a complainant establishes a prima facie evidence showing that none of
the three circumstances establishing legitimate interests or rights applies,
the burden of proof on this factor shifts to respondent to rebut the showing”
(see among others, Ditting Maschinen AG v. I.C.T. Company, WIPO
Case No. D2003-0170; Universal City Studios, Inc. v. David Burns and
Adam-12 Dot Com, WIPO Case No. D2001-0784).
The Complainant has succeeded in establishing a prima facie evidence that the Respondent has no right or legitimate interest in respect of the Domain Name. The Respondent has not filed any submissions or evidence whatsoever. There is no evidence before the Panel that the Respondent has any legitimate interest in the Domain Name for the purposes of paragraph 4(a)(ii) of the Policy under the above criteria or otherwise.
The Panel’s conclusion is fortified by the following:
- the Respondent is not and has never been an authorized dealer of Complainant’s products;
- the Respondent’s use of the Domain Name for a website which operates as a search engine for pornographic material, advertising pornographic websites cannot be deemed as:
(a) a bona fide offering of goods; or
(b) a legitimate non-commercial or fair use of the Domain Name, this use tarnishing
the reputation of the well-known trademark PORSCHE and revealing the intent
to trade off the Complainant’s worldwide goodwill (e.g. National Football
League Properties, Inc. and Chargers Football Company v. One Sex Entertainment
Co. aka chargersgirls.net, WIPO Case No.
D2000-0118; Libro AG v. NA Global Link Limited, WIPO
Case No. D2000-0186; Women in Military Service for America Memorial Foundation,
Inc. v. Russian Web Marketing, WIPO
Case No. D2001-0610);
- there is no evidence that the Respondent has been or is commonly known by the Domain Name or that it has acquired any trademark or service mark rights in the Domain Name.
Based on the above, and drawing the inference from the Respondent’s failure to respond to this administrative proceeding that the Complainant’s contentions are correct, the Panel finds that the Respondent has no rights or legitimate interests in the Domain Name.
C. Registered and Used in Bad Faith
Under the Policy, the Complainant is also required to prove the third element provided for in paragraph 4(a)(iii), namely that the Domain Name “has been registered and is being used in bad faith”.
The Complainant’s trademark PORSCHE is undoubtedly famous, and it is inconceivable that the Respondent registered the Domain Name unaware of the Complainant’s rights in its PORSCHE mark and with an intent to use it in good faith. The Respondent appears rather to have intentionally registered the Domain Name as a minor spelling variation of Complainant’s mark, to take advantage of a typographical error that may be made by Internet users while attempting to enter Complainant’s mark as its logical Internet address in their web browsers, or of the likely association of the Domain Name with the Complainant’s trademark an Internet user may do.
Therefore, the Panel is convinced that the Respondent has registered and has been using the Domain Name in bad faith, to intentionally attract for commercial gain Internet users to the website “www.pornsche.com” by trading on the goodwill associated with the PORSCHE brand and mark. By registering and using this Domain Name, which phonetically and visually recalls the Complainant’s famous and distinctive mark, the Respondent has created a likelihood of confusion with respect to this mark as to the source, sponsorship, affiliation and endorsement of the corresponding website and of the products and services offered on the site, according to paragraph 4(b)(iv) of the Policy. In addition, based upon the evidence presented, it is apparent that the Respondent is benefiting financially through advertising and pay per click links from the unauthorized registration and use of the Domain Name.
This is further confirmed by the fact that the graphic representation of the PORSCHE trademark is perfectly reproduced in the Respondent’s web page, which is headed with the name “PORNSCHE”. Besides, the Panel shares the Complainant’s view that the sub-line “Find porn fast” recalls the Complainant’s business activity (see Annex 22 to the Complaint).
The Panel notes that the circumstances specified under paragraph 4(b) of the Policy are not exhaustive. It is open to a complainant to establish and for a Panel to find bad faith registration and use in other circumstances.
In the present case the following facts support the Panel finding:
- the Respondent’s registration of the Domain Name incorporating the
trademark “Porsche” and its use in connection with a website which
provides pay per click links to pornographic web pages classified according
to sexual preference, must be held to be registration and use in bad faith.
Several decisions under the Policy have held that use of another’s mark
in a domain name for a pornographic website reflects bad faith. (See, e.g.,
Arizona Board of Regents for and on behalf of Arizona State University v.
Value Holdings, Inc., WIPO Case No. D2001-0445;
Nokia Corp. v. Nokiagirls.com aka IBCC, WIPO Case No. D2000-0102; National
Football League Properties Inc. v. One Sex Entertainment Co., WIPO
Case No. D2000-0118);
- the Respondent’s attempt, through the help of the Registrar, and in
breach of Paragraph 8(a) of the Rules, to transfer the Domain Name subsequent
to the receipt of notice of Complaint but before formal commencement of the
present proceedings (Cyberflying) to escape and obstruct the UDRP jurisdiction,
this also being evidence of bad faith (Kцstritzer Schwarzbierbrauerei v.
Macros-Telekom Corp., WIPO Case No.
- finally the Panel cannot disregard the fact that, since the kind of service offered by the Registrar and the Respondent, which allows registrants to obtain domain names with anonymous contact information, encourages Cybersquatting, the Respondent, being informed of a trademark violation, should use best endeavours to support the UDRP system and the injured trademark owners. On the contrary, besides the attempt of Cyberflying, the Respondent covered the true owner of the Domain Name, engaged in Cybersquatting, disclosing false contact details and thus obstructing the UDRP system.
For all the foregoing reasons, the Panel finds that
the Respondent has registered and used the Domain Name in bad faith.
For all the foregoing reasons, the Panel cancels the transfer of the Domain
Name to the Second Respondent and further orders, in accordance with Paragraphs
4(i) of the Policy and 15 of the Rules, that the Domain Name <pornsche.com>
be transferred to the Complainant.
Dated: July 1, 2004