Advanced Micro Devices, Inc. v. [No Name]

WIPO Arbitration

and Mediation Center

ADMINISTRATIVE PANEL DECISION

Advanced Micro Devices, Inc. v. [No Name]

Case No. D2000-0515

1. The Parties

The Complainant in this administrative proceeding is Advanced Micro Devices,

Inc., a corporation incorporated under the laws of the State of California,

with a principal place of business at One AMD Place, M.S. 68, P.O. Box 3453,

Sunnyvale, CA 94088-3453. The Respondent is [No Name], an unidentified registrant,

located in Downey, CA 90241.

2. The Domain Name and Registrar

The domain name in dispute is as follows: advancedmicrodevices.com. The domain

name was registered by Respondent with Network Solutions, Inc. (NSI) on June

3, 1999.

3. Procedural Background

On May 27, 2000, the WIPO Arbitration and Mediation Center received from Complainant

via e-mail a complaint for decision in accordance with the Uniform Policy for

Domain Name Dispute Resolution, adopted by the Internet Corporation of Assigned

Names and Numbers (ICANN) on August 26, 1999 ("Policy"), the Rules

for Uniform Domain Name Dispute Resolution Policy, approved by ICANN on October

24, 1999 ("Rules"), and the WIPO Supplemental Rules for Uniform Domain

Name Dispute Resolution Policy (Supplemental Rules).

The complaint was filed in compliance with the requirements of the Rules and

the Supplemental Rules, payment was properly made, the administrative panel

was properly constituted, and the panelist submitted the required Statement

of Acceptance and Declaration of Impartiality and Independence.

The instant Administrative Proceeding was commenced on June 5, 2000.

Respondent failed to file a Response, and a "Notification of Respondent

Default," dated July 13, 2000, was forwarded by WIPO to Respondent.

The decision of the Panel was due to WIPO on or before September 13, 2000.

4. Factual Background

As alleged in the Complaint, Complainant is a leading manufacturer and distributor

of computer hardware and software, semiconductor devices, microprocessor chips,

and related goods and services under the name and mark ADVANCED MICRO DEVICES.

On March 13, 1999, Complainant filed an application with the U.S. Patent

and Trademark Office to register the mark ADVANCED MICRO DEVICES, as used on

integrated circuits and semiconductor devices. See Complaint, Annex C. Complainant

is the owner of a number of registrations in countries throughout the world

for the mark ADVANCED MICRO DEVICES.

As noted above, Respondent registered the domain name advancedmicrodevices.com

with NSI on June 3, 1999. On June 10, Complainant’s counsel sent a letter to

Respondent’s administrative contact, Mr. Sanaxay Phommachanh, requesting that

Respondent cease and desist from any unlawful use of the domain name. See Complaint,

Annex E. Respondent’s contact did not respond to the letter.

On November 9, 1999, pursuant to Complainant’s request, NSI placed the domain

name in dispute "on hold." See Complaint, Annex H. On December 6,

Complainant’s counsel sent another letter to Respondent’s administrative contract

in an attempt to settle the matter. See Complaint, Annex I. No response was

received.

On January 3, 2000, NSI informed Complainant’s counsel that, pursuant to enactment

of the Policy, the domain name would no longer be "on hold" as of

February 1, 2000.

5. Parties’ Contentions

Complainant contends that the domain name in issue is identical to the trademark

in which the Complainant has rights, that Respondent has no rights or legitimate

interests in the domain name, and that Respondent registered and used the domain

in bad faith. In support of its argument relating to "bad faith,"

Complainant referred to Respondent’s failure to provide complete contact information

for the domain name registration, in breach of Respondent’s warranty under paragraph

2(a) of the Policy 1. Complainant also argues that the passive

holding of a domain name, which prevents Complainant from reflecting its corporate

name and mark in a corresponding domain name, constitutes bad faith use and

registration of the domain name.

6. Discussion and Findings

The Panel has carefully weighed the evidence presented and determines that

Complainant has established all of the elements required under paragraph 4.a.

of the Policy.

Respondent’s domain name advancedmicrodevices.com is legally identical to Complainant’s

mark ADVANCED MICRO DEVICES, which Complainant clearly has rights to through

ownership of valid and subsisting trademark registrations, as well as through

widespread use of the mark, both in the U.S. and elsewhere.

It is also clear that none of the circumstances set forth in paragraph 4(c)

of the Policy is applicable. Respondent does not conduct any legitimate commercial

or noncommercial business activity under the domain name in dispute and is not

commonly known by the advancedmicrodevices.com domain name.

The Panel also finds the evidence, taken as a whole, supports a determination

of "bad faith" registration and use. It has been held that the passive

holding of a domain name can give rise to a finding of "bad faith"

registration and use. See Telstra Corporation Ltd. v. Nuclear Marshmallows,

Case No D2000-0003 (February 18, 2000). Respondent’s failure to provide NSI

with complete contact information is further evidence of "bad faith."

7. Decision

In view of the above, the Panel GRANTS Complainant’s request for transfer to

it of the domain name advancedmicrodevices.com

Jeffrey M. Samuels

Panelist

Dated: September 13, 2000

Footnotes:

1. Paragraph 2(a) of the Policy states as follows: "By

applying to register a domain name, or by asking us to maintain or renew a domain

name registration, you hereby represent and warrant to us that (a) the statements

that you made in your Registration Agreement are complete and accurate."

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