With regard to the identity of Respondent, Complainant alleged the following in its complaint:
Although the Rules provide that a Complaint may relate to more than one domain name as long as the domain names are registered by the same domain-name holder, in situations such as this one where it is clear that the same person is registering domain names using different fictitious names, it is appropriate to proceed in a single Complaint against multiple registrant names.
See Adobe Systems Inc. v. Domain OZ (WIPO D2000-0057) (decision rendered against multiple respondents where respondents shared the same post office box number and email address in their registration information).
The listed registrants of the Domain Names are
obviously fictitious, as many are a direct copy of the domain name itself or an invented facsimile thereof. For example, the registrant of the domain name <comyahoo.com> is comyahoo.com.,
the registrant of the domain name <yahohoo.com> is Yao Hoo Herski, the registrant of the domain name <yoahoo.com> is Yoa Hoo Nodski, and the registrant of the domain name <geoities.com> is Geo I Ties.
The same e-mail address,
[email protected], is listed for the administrative contact for all of the Domain Names. That same e-mail address is listed for the technical contact for all of the Domain Names except for five registrations, which list instead a very similar e-mail address,
[email protected]. The city of Gdynsk, Poland address is listed on all of the registrations of the Domain Names except one, which lists an Armenian address. The Gdynsk addresses have the street address of “Flopgyteri” listed on six (6) registrations and the street address of “Pzscek” listed on the remaining thirty-nine (39) registrations.
Further,
all of the Domain Names are used to redirect Internet users to the same directly competing web directory website located at the domain name <megago.com> and to generate the same popup advertisements associated with the domain names <37.com> and <89.com>. Complainant attaches a declaration of an individual who accessed the Domain Names as Exhibit 2. In addition, the same server, ns.zf.net, is listed on the vast majority (41 of 46) of the Domain Names. (See Exhibit 1.)
The fact that the Domain Names are being used in connection with the domain name <37.com> and/or the server ns.zf.net proves that the person responsible for registering and using the Domain Names is
Eitan Zviely, a notorious cybersquatter who is associated with the domain name <37.com> and the server ns.zf.net and whose activities have been the subject of numerous adverse UDRP decisions and at least two court orders. Attached as Exhibit 3 are March 2000 WHOIS printouts for the domain name <37.com> and the server ns.zf.net, which list one of Mr. Zviely’s aliases, Domain OZ, and Mr. Zviely’s address of P.O. Box 480167, Encino, CA, 90048. Mr. Zviely used that address and the same server in a previous case brought by Complainant,
Yahoo! Inc. v Eitan Zviely a/k/a Names OZ, Zvieli Fisher, F.Z., OZ Domains, E.Z.O.F., E&O Domains, and Fisher Zvieli (WIPO D2000-0273). In that case, the UDRP Panel held that Yahoo! successfully proved that Eitan Zviely acted in bad faith by registering thirty-seven (37) YAHOO-formative domain names under numerous fictitious names and using those domain names to redirect Internet users to competing websites hosted on the ns.zf.net server, including the website located at the domain name <37.com>.
Mr. Zviely was also held to be the responsible party in
Ty, Inc. v. O.Z. Names (WIPO D2000-0370). In that case as well, he used the disputed domain names to redirect Internet users to the <37.com> and <megago.com> websites.
Further connecting Mr. Zviely with the domain name <37.com> is
Microsoft Corporation, et al v. Zvieli Fisher, et al (C.D. Cal. 1999). In that case, Plaintiff Microsoft Corporation (“Microsoft”) sued regarding Zviely’s registration of 20 domain names comprised of misspellings of Microsoft’s marks MICROSOFT, WINDOWS, MSNBC, and HOTMAIL, and noted that Zviely had registered domain names comprised of numerous other misspelled trademarks owned by third parties, including the YAHOO! mark.
Microsoft alleged that Zviely infringed Microsoft’s marks by re-directing Internet users to his websites <37.COM> and <800GO.COM>, and the court entered a
Default Judgment against the defendants. Complainant attaches as Exhibits 6 and 7 a copy of the Complaint and a copy of the docket recording the series of Default Judgments entered against the defendants.
Further connecting Mr. Zviely with the Gdynsk, Poland address listed on the registrations of the Domain Names is the UDRP Decision,
AltaVista Company v. O.F.E.Z., Fisher Zvieli, OZ Domains, EO Domains, Altavisto.com, Altavsita.com, Laltavista.com, and Altavistacom.com (WIPO D2000-1160). In that case, the domain names were registered to fictitious entities that were associated with false addresses in Encino, California and Gdynsk, Poland. A copy of that decision is attached as Exhibit 8.
Because the contact information for all of the Domain Names is nearly identical, because all of the Domain Names are being used to redirect Internet users to the same website and to the same popup advertisements, and because Eitan Zviely is indisputably connected with the registration and use of the Domain Names, Complainant has named Respondent as Eitan Zviely a/k/a comyahoo.com, a/k/a hyahoo.com, a/k/a yahoochinese.com, a/k/a yahooh.com, a/k/a yahoopager.com, a/k/a yaooh.com, a/k/a Yaha Public Rest Rooms, a/k/a eliyahoo.com, a/k/a gbchineseyahoo.com, a/k/a gbyahoo.com, a/k/a Geo Cit Ties, a/k/a geocitys.com, a/k/a Htt Pya Hoo, a/k/a lyahoo.com, a/k/a searchyahoo.com, a/k/a syahoo.com, a/k/a yahooespanol.com, a/k/a yaaoo.com, a/k/a Yaltzkin Hoocovichski, a/k/a yahooindex.com, a/k/a yahoomaps.com, a/k/a yahoosex.com, a/k/a yahoou.com, a/k/a Yao Hoo Herski, a/k/a yayhoo.com, a/k/a yayoo.com, a/k/a Yoa Hoo Nodski, a/k/a Yta Hoo Jung, a/k/a Geocii Ties, a/k/a Geoci Tiies Fgerschzki, a/k/a Geoci Toes, a/k/a Geo Co. Ties, a/k/a Geo I Ties, a/k/a Yah Goo Szvontzki, a/k/a Yah Oom Chong, a/k/a Ya Hoow Ong, a/k/a Yaho Po Ching, a/k/a Ya Qhoo Schtzeski, a/k/a Yho Oligaski, and a/k/a Young Armenian Heart Operations On Line.
The National Arbitration Forum and Complainant made numerous attempts to contact Respondent; however, none were successful. In addition, Respondent did not submit a formal response in this proceeding. Thus, the Panel is permitted to accept all reasonable allegations and inferences in the complaint as true.
See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Nat. Arb. Forum July 31, 2000) (holding that Respondent’s failure to respond allows all reasonable inferences of fact in the allegations of Complainant to be deemed true). A complete list of the disputed domain names, the creation date, the registrant, contact information, and server information were provided.
