The Complainant lodged its Complaint by e-mail communication to the WIPO Arbitration andMediation Center (WIPO) on July 14, 2000. A hard copy of the Complaint was received by WIPOon July 20, 2000. WIPO acknowledged receipt of the Complaint on July 14, 2000. On July 20,2000, WIPO requested verification from the Registrar of the domain names in dispute. TheRegistrar of the domain name is Network Solutions Inc. The Registrar reported on August, 31,2000, that the registrant of "funskool.com" was "funschool.com Corporation", US. Theadministrative, contact, technical contact, zone contact, billing contact details of the Respondent,are: Boinapalli, Sashi of Red Fort Technologies Inc., 970 Industrial Avenue, Palo Alto, CA 94303,U.S.A., with the e-mail address of "firstname.lastname@example.org". [The telephone number of thecontact was given as (877) 892 8558 and the fax number as (212) 656 1307].At the time of the Registrar’s report, "funskool.com" was in "Active" status.On August 28, 2000, a Notification of Complaint and Commencement of the AdministrativeProceeding was sent by WIPO. The notification informed the recipient of the formal date of commencement of the administrative proceeding, that being August 23; the last day for sendingthe Response to the Complaint. On September 14, 2000, the Response of the Respondent wasreceived by WIPO, which acknowledged receipt of the Response on September 19, 2000.In its Complaint, the Complainant asked for an administrative decision by a Sole Panelist. But inits Response, the Respondent asked for a panel of three. WIPO accordingly appointed a Panel of three Panelists.The Administrative Panel, consisting of Austin NeeAbeohe Evans Amissah of 1 WestgateTerrace, London SW10 9BT, United Kingdom as Presiding Panelist; Jonathan Hudis of Oblon,Spivak, McClelland, Maier & Neustadt, PC, 1755 Jefferson Davis Highway – Fourth Floor,Arlington, Virginia 22202, USA as Panelist; and Maninder Singh of Singh & Singh, Advocates, F-12, Jangpura Extension, New Delhi – 110014, India as Panelist, was appointed on November 16,2000, and the case file to date was duly transmitted by courier to members of the AdministrativePanel.In the opinion of the Administrative Panel this Panel is properly constituted.The language of the proceeding is English.The scheduled date for the submission of a decision by the Panel is November 30, 2000.
4. Factual Background
The Complainant is a company incorporated under the Indian Companies Act 1956. It has itsprincipal place of business at Tarapore Towers, VI Floor, 826 Anna Salai, Chennai – 600 002,India. The Complainant has registered the trademark "funskool" with respect to 3 different sets of goods in India under the Indian Trade Marks Act, 1958. The first of the 3 registrations were madewith effect from September 1, 1986. The other 2 were both made with effect from August 20,1987. The Complainant had intended to register the domain name "funskool.com" and to operatea website under its own name "Funskool" to take advantage of the opportunities available throughthe Internet. But a search of the Network Solutions Inc. database showed that the Respondentcompany had registered not only "funschool.com" but had also registered "funskool.com" asdomain names, thus blocking the Complainant in its desire to register its name as a domainname. The Complainant has brought the administrative proceeding alleging that the Respondenthas registered and is using as a domain name a name identical to the Complainant’s name andregistered trademark; that the Respondent has no right or legitimate interest in respect of the