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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION
BzzAgent, Inc. v. bzzagen.com c/o Nameview Inc. Whois
IDentity Shield / Vertical Axis
Case No. D2010-1188
1. The Parties

The Complainant is BzzAgent, Inc. of Boston, Massachusetts, United States of America,

represented by Clock Tower Law Group, United States of America.

The Respondents are bzzagen.com c/o Nameview Inc. Whois IDentity Shield of St.
Michael, Barbados / Vertical Axis of St. Michael, Barbados, represented by
ESQwire.com, United States of America.

2. The Domain Name and Registrar

The disputed domain name <bzzagen.com> (the “Disputed Domain Name”) is registered
with Nameview Inc.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”)
on July 19, 2010. On July 20, 2010, the Center transmitted by email to Nameview Inc. a
request for registrar verification in connection with the Disputed Domain Name. On July
20, 2010, Nameview Inc. transmitted by email to the Center its verification response,
disclosing registrant and contact information for the Disputed Domain Name which
differed from the named Respondent and contact information in the Complaint. The
Center sent an email communication to the Complainant on July 27, 2010, providing the
registrant and contact information disclosed by the Registrar and inviting the
Complainant to submit an amendment to the Complaint. The Complainant filed an
amendment to the Complaint on July 27, 2010.

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” or “UDRP”), 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
Respondents of the Complaint, and the proceedings commenced on July 29, 2010. In
accordance with the Rules, paragraph 5(a), the due date for Response was August 18,
2010. The Respondent Vertical Axis submitted its Response on August 18, 2010.

The Center appointed Nicholas Weston as the sole panelist in this matter on August 27,
2010. 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 is the owner of three trademark registrations as follows:

MARK & DATE REG. NO INT’L GOODS AND/OR

JURISDI REGIS SERVICES
CTION TERE
D
BZZAGENT April 25, 2006 3,085,518 35 Business marketing and
business consulting services;
(United States) grass roots marketing
campaigns for others arranged
via the Internet; organization
and automation of direct
consumer-to-consumer
marketing campaigns via the
Internet; promotional
marketing services; direct
marketing services;
organizing and facilitating a
community of consumer-
based marketers of new
products and services;
automated grass roots
marketing campaigns via the
Internet; conducting
marketing studies and
consumer research;
developing promotional
campaigns for businesses;
promoting the goods and
services of others by means of
a preferred customer program
online featuring consumer-to-
consumer communications;
 promoting the goods and
services of others by means of
word-of-mouth and
nontraditional marketing
program; providing
information about the goods
and services of others via the
Internet.
42 Application service provider
(ASP) featuring program
management software in the
field of word-of-mouth
marketing.
BZZAGENT June 28, 2006 910 368 35 Business marketing and
business consulting services;
(European Union) grass roots marketing
campaigns for others arranged
via the Internet; organization
and automation of direct
consumer-to-consumer
marketing campaigns via the
Internet; promotional
marketing services; direct
marketing services;
organizing and facilitating a
community of consumer-
based marketers of new
products and services;
automated grass roots
marketing campaigns via the
Internet; conducting
marketing studies and
consumer research;
developing promotional
campaigns for businesses;
promoting the goods and
services of others by means of
a preferred customer program
online featuring consumer-to-
consumer communications;
promoting the goods and
services of others by means of
word-of-mouth and non-
traditional marketing
program; providing
 information about the goods
and services of others via the
Internet.
42 Application service provider
(ASP) featuring program
management software in the
field of word-of-mouth
marketing.
BzzAgent November 5, TMA752,420 Business consulting services,
2009 namely developing
(Canada) promotional campaigns for
businesses; organization and
automation of direct
consumer-to-consumer
marketing campaigns via the
Internet; organizing and
facilitating a community of
consumer-based marketers of
new products and services;
conducting marketing studies
and consumer research;
developing promotional
campaigns for businesses;
promoting the goods and
services of others by means of
a preferred customer program
online featuring consumer-to-
consumer communications;
promoting the goods and
services of others by means of
word-of-mouth programs..

The Complainant operates a well-known website located at “www.bzzagent.com” for

word-of-mouth media and “buzz” marketing services.

The Disputed Domain Name <bzzagen.com> was registered on November 7, 2006.

The Respondent uses the Disputed Domain Name currently to point to a web page that
offers audition, talent and modeling agency services, marketing services and contains
advertisements which display links in connection with word-of-mouth, online
advertising, social media, modeling agency services and related information.

5. Parties’ Contentions

A. Complainant
The Complainant cites its registrations of the trademark BZZAGENT in various countries
as prima facie evidence of ownership.

The Complainant submits that its trademark rights predate the Respondents’ registration
of the Disputed Domain Name <bzzagen.com>. It submits that the Disputed Domain
Name is confusingly similar to its trademark because the Disputed Domain Name “is an
example of typo domain name with ’[t]’ missing”.

The Complainant contends that the Respondents have no rights or legitimate interests in
respect of the Disputed Domain Name and infers that the Respondents have no trademark
rights in or license to use the mark BZZAGENT.

Finally, the Complainant alleges that the registration and use of the Disputed Domain
Name was, and currently is, in bad faith, pursuant to the Policy, paragraphs 4(a)(iii) and
4(b) and the Rules, paragraph 3(b)(ix)(3). On the issue of registration, the Complainant
contends that “Registration of the Domain Name cannot be considered good faith
domaining because (1) the Domain Name does not consist of a single descriptive or
generic word, (2) the Domain Name does not consist of a combination of descriptive or
generic words, and (3) the Domain Name was registered after Complainant's trademark
rights had been established” and that the Disputed Domain Name was registered with “a
well known typo employed by cybersquatters (typosquatters) and is a classic case of
cybersquatting (typosquatting)”. On the issue of use, the Complainant contends that the
Respondents use the Disputed Domain Name for a pay-per-click (“PPC”) landing page: a
search engine marketing technique for directing traffic to a landing page containing
sponsored links or sponsored advertisements. In this case, when the Disputed Domain
Name <bzzagen.com> is typed in, the website, to which the Disputed Domain Name
resolves, proposes sponsored links for word-of-mouth marketing services including
“advertisements for and links to websites of competitors to Complainant's goods and
services.”

B. Respondent

The Respondent Vertical Axis’s Response denies that the Disputed Domain Name was
registered in bad faith and submits that it registered the Disputed Domain Name after it
was deleted, expired and became available for registration. The Respondent Vertical Axis
had no knowledge of the Complainant or its trademark when it registered the Disputed
Domain Name, did not register the Disputed Domain Name with the Complainant’s
trademark in mind and never intended to target or profit from the Complainant’s
trademark. This submission is repeated in a Statutory Declaration provided by the
Respondent Vertical Axis that states, in part, “ We had no knowledge of Complainant or
its trade mark when [we] registered the disputed Domain. We did not register the
Disputed Domain with Complainant’s trademark in mind and never intended to target or
profit from Complainant’s trademark” (“the Respondent Vertical Axis’s Stat. Dec.”). The
Respondent Vertical Axis submitted that “in the interest of saving the cost involved in
defending its rights to the Disputed Domains, Respondent stipulates for the Panel to
transfer the Disputed Domains to Complainant”.
The Respondent Vertical Axis also requested that the Panel issue an order transferring the
Disputed Domain Name to the Complainant, without undergoing an analysis under the
Policy or issuing an opinion on the merits of the case, citing Texas Medical Center v.
Joseph Spindler, NAF Claim No. 886496 (Feb. 19, 2007); Valero Energy Corporation ,
Valero Refining and Marketing Company v. RareNames, WebReg, WIPO Case No.
D2006-1336 (Dec. 22, 2006); Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., NAF
Claim No. 212653 (Jan. 13, 2004); Disney Enterprises, Inc. v. Elmer Morales, NAF
Claim No. FA 475191 (June 24, 2005); The Cartoon Network LP, LLLP v. Mike Morgan,
WIPO Case No. D2005-1132 (Jan. 5, 2006); Williams-Sonoma, Inc. v. EZ-Port, WIPO
Case No. D2000-0207 (May 5, 2000); Boehringer Ingelheim International GmbH v.
Modern Limited - Cayman Web Development, NAF Claim No. 133625 (Jan. 9, 2003,).

6. Discussion and Findings

For the reasons further states below, the Panel has decided to render a decision in this
case and will therefore proceed to analyze whether the Complainant has proven the three
elements of a claim for transfer of the Disputed Domain Name.

Under paragraph 4(a) of the Policy, a complainant has the burden of proving the
following:

(i) that the domain name is identical or confusingly similar to a trademark or service
mark in which the complainant has rights; and

(ii) that the respondent has no rights or legitimate interests in respect of the domain name;
and

(iii) that the domain name has been registered and is being used in bad faith.

A. Identification of the Respondent

The proper respondent must first be identified. Indeed, the Panel must be satisfied that
any orders made will address the appropriate Respondent or Respondents.

Paragraph 1 of the Rules defines “Respondent” as “the holder of a domain name

registration against which a complaint is initiated”. The Complainant’s original
Complaint named as the Respondent a domain name registration privacy service listed as
the registrant of the Disputed Domain Name in the WhoIs database prior to the filing of
the Complaint.

The use of a privacy service raises three issues for determination by the Panel. First, the
Panel must identify the appropriate Respondent or Respondents. Second, the Panel may
address the issue of mutual jurisdiction. Third, the Panel must determine whether the
Center has adequately discharged its responsibility to contact the Respondent (or
Respondents) by reasonable means.
On July 20, 2010, in response to a request, the registrar Nameview Inc., sent an email to
the Center advising that Vertical Axis was the registrant of the Disputed Domain Name.

Vertical Axis was then named as the Respondent in the Complainant’s Amendment to the
Complaint. Having regard to the fact that the Disputed Domain Name was registered to
“bzzagen.com c/-o Nameview Inc. Whois IDentity Shield” and a Response was filed on
behalf of the Respondent Vertical Axis, and taking into account that a domain name does
not have a separate legal personality and cannot own itself, and having regard to the
above questions as also set out in Accor and SoLuxury HMC v. Domains by Proxy, Inc.
and Therese Kerr, WIPO Case No. D2009-0243, this Panel finds that in light of the
record the named Respondent bzzagen.com c/o Nameview Inc. Whois IDentity Shield is
a proper Respondent, whether on its own behalf or as an agent for Vertical Axis Inc., and
that the named Respondent Vertical Axis is also a proper Respondent.

As noted, having regard to the Complainant’s submissions and the location of the
principal office of the registrar, it appears that the applicable mutual jurisdiction1 is St.
Michael, Barbados.

Finally, the Panel has reviewed the record and finds that the Center has adequately
discharged its responsibility to contact the Respondents by reasonable means. Prima
facie evidence of this, apart from the Response by Vertical Axis is the delivery reports
received by the Center after the notification of the Complaint to the Respondent.

B. Identical or Confusingly Similar

The Complainant has produced sufficient evidence to demonstrate that it has registered
trademark rights in the mark BZZAGENT in the United States, European Union and
Canada. The Panel finds that the Complainant has rights in the mark BZZAGENT that
date back to April 2006.

Turning to whether the Disputed Domain Name is identical or confusingly similar to the
Complainant’s trademark, the Panel observes that the Disputed Domain Name comprises
(a) an exact reproduction of the Complainant’s trademark BZZAGENT; (b) omitting
letter “t”; and (c) followed by the top level domain suffix “.com” all in one continuous
domain name. The Panel observes that the Complainant’s trademark BZZAGENT
comprises the onomatopoeia “bzz” and the descriptive word “agent”.

It is well-established that the top-level designation used as part of a domain name should
be disregarded when considering identity or confusing similarity. The relevant
comparison to be made is with the dominant part of the Disputed Domain Name:
“bzzagen”.

It is also well-established that the omission in a domain name of a single letter typically is
not sufficient to make the domain name distinguishable in relation to the trademark at
issue (See Microsoft Corporation v. Whois Privacy Protection Service / Lee Xongwei,
WIPO Case No. D2005-0642; Accor v. Howell Edwin, WIPO Case No. D2005-0980;
HM Publishers Holdings Limited v. Webserve LLC, WIPO Case No. D2005-0741;
Siemens AG v. Simens.Com, WIPO Case No. D2005-0927; Netstock, Inc. v. Music Wave,
WIPO Case No. D2002-0441; Hershey Foods Corporation and Hershey Chocolate &
Confectionery Corporation v. Amcore & Company For sale domains $250 or best offer,
WIPO Case No. D2003-0838). The omission of the letter “t” in the Complainant’s
trademark does not serve to differentiate the Disputed Domain Name from the trademark.
This is an example of typo-squatting whereby a widely known mark is intentionally
misspelled in order to create a domain name that is confusingly similar to the trademark
and so create confusion amongst Internet users who are seeking information about the
Complainant.

In Arthur Guinness Son & Co. (Dublin) Limited v. Dejan Macesic, WIPO Case No.
D2000-1698, the panel held that “[t]he use to which the site is put has no bearing upon
the issue whether the domain name is confusingly similar to the trademark, because by
the time Internet users arrive at the Website, they have already been confused by the
similarity between the domain name and the Complainant’s mark into thinking they are
on their way to the Complainant’s Website”. The Disputed Domain Name is therefore
confusingly similar to the Complainant’s trademark.

Accordingly, the Panel finds that the Complainant has established the first element of
paragraph 4(a) of the Policy.

C. Rights or Legitimate Interests

Paragraph 4(c) of the Policy lists the ways that a respondent may demonstrate rights or a
legitimate interest in the disputed domain name:

(i) before any notice of the dispute, the respondent’s use of, or demonstrable preparations
to use, the disputed domain name or a name corresponding to the disputed 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 disputed domain name, even if it has acquired no trademark or service
mark rights; or

(iii) the respondent is making a legitimate noncommercial or fair use of the disputed
domain name, without intent for commercial gain to misleadingly divert consumers or to
tarnish the trademark or service mark at issue.

The Policy places the burden on the Complainant to establish the absence of the
Respondent’s rights or legitimate interests in the Disputed Domain Name. Because of the
inherent difficulties in proving a negative, the consensus view is that a complainant need
only put forward a prima facie case that a respondent lacks rights or legitimate interests.
The evidential burden then shifts to the respondent to rebut that prima facie case (see
World Wrestling Federation Entertainment, Inc. v. Ringside Collectibles, WIPO Case
No. D2000-1306; WIPO Overview of WIPO Panel Views on Selected UDRP Questions,
paragraph 2.1).

It is well established that a respondent has a right to register and use a domain name to
attract Internet traffic based solely on the appeal of a commonly used descriptive phrase,
even where the domain name may coincidentally and unintentionally correspond to the
registered mark of a complainant (see National Trust for Historic Preservation v. Barry
Preston, WIPO Case No. D2005-0424; Private Media Group, Inc., Cinecraft Ltd. v. DHL
Virtual Networks Inc., WIPO Case No. D2004-0843; T. Rowe Price Associates, Inc. v. J
A Rich, WIPO Case No. D2001-1044; Sweeps Vacuum & Repair Center, Inc. v. Nett
Corp., WIPO Case No. D2001-0031; EAuto, L.L.C. v. Triple S. Auto Parts d/b/a Kung
Fu Yea Enterprises, Inc., WIPO Case No. D2000-0047). However, this business model is
generally recognized under the Policy as legitimate only if the domain name was
registered because of its attraction as a descriptive phrase comprising dictionary words,
and not because of its value as a trademark and that website is then used to post links that
are relevant only to the common meaning of the phrase comprising dictionary words. (see
National Trust for Historic Preservation, supra; The Knot, Inc. v. In Knot We Trust LTD,
WIPO Case No. D2006-0340; WIPO Overview of WIPO Panel Decisions, paragraph
2.2). Insofar as the Disputed Domain Name <bzzagen.com> resembles the Complainant’s
trademark BZZAGENT, which comprises the onomatopoeia “bzz” and the descriptive
word “agent”, the word “agen” is not a dictionary word. The Respondents make no
ground on this issue.

The Complainant’s evidence demonstrates that the Respondent has no rights or legitimate
interests in respect of the Disputed Domain Name because it is misleadingly directing
Internet users to a page composed of advertisements and links in connection with the
same industry sector as the Complainant’s trademark and thereby attempting
illegitimately to intentionally trade on the mark of another to lure Internet users to the
Respondents’ website offering services that are competitive with the Complainant’s
services. The Complainant also has not licensed, permitted or authorized the Respondent
to use the Complainant’s trademark. In Madonna Ciccone, p/k/a Madonna v. Dan Parisi
and "Madonna.com", WIPO Case No. D2000-0847 the panel stated that “use which
intentionally trades on the fame of another can not constitute a ‘bona fide’ offering of
goods or services”. The Complainant provided evidence that typing in the Disputed
Domain Name diverts traffic to a webpage that offers audition, talent and modeling
agency services, marketing services and contains advertisements which display links in
connection with word-of-mouth, online advertising, social media, modeling agency
services and related information.

In the absence of a convincing Response, the Panel finds for the Complainant on the
second element of the Policy.

D. Registered and Used in Bad Faith

The third element of the Policy that the Complainant must also demonstrate is that the
Disputed Domain Name has been registered and used in bad faith. Paragraph 4(b) of the
Policy sets out certain circumstances to be construed as evidence of both.

“b. Evidence of Registration and Use in Bad Faith.

For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but
without limitation, if found by the Panel to be present, shall be evidence of the
registration and use of a domain name in bad faith, [(relevantly)]:

(ii) [the respondent has] registered the domain name in order to prevent the owner of the
trademark or service mark from reflecting the mark in a corresponding domain name,
provided that [the respondent has] engaged in a pattern of such conduct; or

(iii) [the respondent has] registered the domain name primarily for the purpose of
disrupting the business of a competitor; or

(iv) by using the domain name, [the respondent has] intentionally attempted to attract, for
commercial gain, Internet users to [the respondent’s] web site or other on-line locations,
by creating a likelihood of confusion with the complainant’s mark as to the source,
sponsorship, affiliation, or endorsement of [the respondent’s] web site or location or of a
product . . . .”

The evidence supports the Complainant’s contention that the Respondents registered and
have used the Disputed Domain Name in bad faith. The onus is on the respondent to
make the appropriate enquiries to ensure that the registration of a domain name does not
infringe or violate the third party rights. The Respondent Vertical Axis’s submissions and
the Respondent Vertical Axis’s Stat. Dec. make no mention of the appropriate enquiries
having been made. Paragraph 2 of the Policy clearly states: “It is your [the domain name
holder’s] responsibility to determine whether your domain name registration infringes or
violates someone else’s rights”. The Respondents’ apparent lack of any good faith
attempt to ascertain whether or not the Disputed Domain Name was infringing someone
else’s trademark, for example by conducting trademarks searches or search engine
searches, supports a finding of bad faith (see Mobile Communication Service Inc. v.
WebReg, RN, WIPO Case No. D2005-1304; L’Oreal v. Domain Park Limited, WIPO
Case No. D2008-0072; Bouygues v. Chengzhang, Lu Ciagao, WIPO Case No. D2007-
1325; Media General Communications, Inc. v. Rarenames, WebReg, WIPO Case No.
D2006-0964; mVisible Technologies, Inc. v. Navigation Catalyst Systems, Inc., WIPO
Case No. D2007-1141; Grundfos A/S v. Texas International Property Associates, WIPO
Case No. D2007-1448).

The trademark BZZAGENT is so widely known in the United States for word-of-mouht
marketing that it is inconceivable that the Respondents might have registered a domain
name similar to this mark without knowing of it. (See TPI Holdings, Inc. v. Roxane
Gwyn, WIPO Case No. D2009-0824; TPI Holdings, Inc. v. Elaine Noe, WIPO Case No.
D2009-0568; TPI Holdings, Inc. v. Carmen Armengol, WIPO Case No. D2009-0361;
TPI Holdings, Inc. v. Alfredo Rowland, WIPO Case No. D2008-0960; TPI Holdings Inc.
v. Shola Ajiboye, WIPO Case No. D2007-1019). In this Panel’s view, the denial of such
knowledge in the Respondent Vertical Axis’s Stat. Dec. and supporting submission carry
no weight: (see Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No.
D2000-0003 where the panel found that a claim that the domain name at issue,
<telstra.org>, could have been registered without knowledge of the complainant’s
trademark not just implausible, but incredible).

Moreover, the Panel has considered whether it should draw an adverse inference from the
Respondent Vertical Axis’s use of a privacy shield. The Disputed Domain Name resolves
to a webpage offering competitive products and services to those offered on the website
operated by the Complainant’s licensee rather than a website critical of, or satirising, the
Complainant’s business which may warrant the use of a privacy service as protection
from retribution. In the circumstances it seems reasonable to infer that the main purpose
for which the Respondent Vertical Axis has used a privacy service is to cause the
Complainant difficulty in identifying other domain names registered by the same
Respondent (see Medco Health Solutions, Inc. v. Whois Privacy Protection Service, Inc.,
WIPO Case No. D2004-0453; Microsoft Corporation, supra; CCM IP S.A. v. Traverito
Traverito, WIPO Case No. D2007-0542; Ustream.TV, Inc. v. Vertical Axis, Inc., WIPO
Case No. D2008-0598, Sermo, Inc. v. CatalystMD, LLC, WIPO Case No. D2008-0647).

A further conclusion can therefore be drawn about the Respondents from their use of the
Disputed Domain Name resolving to a webpage containing links and advertisements that
directly compete with the offerings to be found on the website operated by the
Complainant’s licensee. In this Panel’s view, it is in breach of the “Nameview Domain
Registration Agreement” for breach of the warranty [at para 13]: “You further represent
that, to the best of your knowledge and belief, neither the registration of the domain nor
the manner in which it is directly or indirectly used infringes the legal rights of a third
party.”

The diversion of Internet users is a common example of use in bad faith as referred to in
paragraph 4(b)(iv) of the Policy and identified in many previous decisions. (See L’Oréal,
Biotherm, Lancôme Parfums et Beauté & Cie v. Unasi, Inc, WIPO Case No. D2005-
0623; Veuve Clicquot Ponsardin, Maison Fondée en 1772 v. The Polygenix Group Co.,
WIPO Case No. D2000-0163 and Hoffmann-La Roche Inc. v. Samuel Teodorek, WIPO
Case No. D2007-1814).

The Respondents’ consciousness of the inevitability of such a finding is set out in

Vertical Axis’s Response, stating as follows: “in the interest of saving the cost involved
in defending its rights to the Disputed Domains, Respondent stipulates for the Panel to
transfer the Disputed Domains to Complainant.” This Panel is of the view that once a
panel seized jurisdiction over a dispute pursuant to the Policy and the Rules, and is the
only forum to be invoked by the parties, unless the parties demonstrate potential
prejudice to the satisfaction of the panel, it is not the function of a panel, once appointed,
to accede to any request the parties, or one of them, make simply because they make such
request, or to draw inferences from matters on which the parties may or may not have
been able to reach agreement on in relation to issues that the panel is to consider under
the Policy, Rules and Supplemental Rules, or to grant an opportunity for a respondent to
avoid the possibility of a finding of “bad faith” pursuant to a panel decision based on the
available evidence. This Panel has considered the authorities cited by the Respondents
and decides to exercise its discretion to determine the matter on its merits rather than base
its decision on the unilateral request of the Respondent Vertical Axis. This Panel
observes that the Respondent Vertical Axis’s Response elsewhere insists innocence and
so by ordering an unconsidered transfer of the Disputed Domain Name, abdication of the
Panel’s responsibility to determine the matter by reference to the evidence may make the
Panel party to visiting an unfairness on both parties.

This Panel finds that the Respondents have engaged in “typosquatting” by having taken
the Complainant’s widely -known trademark BZZAGENT then omitting a single letter, in
this case the letter “t”, and incorporating it into the Disputed Domain Name, and in doing
so has engaged in diverting Internet users to their webpage for commercial gain without
the Complainant’s consent or authorization, for the very purpose of capitalizing on the
reputation of the Complainant’s trademark.

Accordingly, the Panel finds that the Complainant has satisfied the requirements of
paragraph 4(a)(iii) of the Policy.

7. Decision

For all the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of
the Rules, the Panel orders that the domain name <bzzagen.com> be transferred to the
Complainant.

Nicholas Weston
Sole Panelist
Dated: September 10, 2010

1
In general having regard to the definition of “mutual jurisdiction” in the Rules, it would be that of the
registrant as identified in the WhoIs at the time of the filing of the complaint with the provider, see
Research In Motion Limited v. Privacy Locked LLC/Nat Collicot, WIPO Case No. D2009-0320.

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