By: www.DefendMyDomain.com

In the recent domain name dispute decision of Microsoft Corporation v. MeiXun Technology Ltd. GuangZhou FA1271176 (Nat. Arb. Forum August 12, 2009), a single member Panel was faced with a dispute over the domain www.psxbox.net. Complainant needs no introduction, but if you really need more info you can go to www.mircosoft.com and www.xbox.com. Respondent failed to reply to the Complaint.

Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and (2) Respondent has no rights or legitimate interests in respect of the domain name; and (3) the domain name has been registered and is being used in bad faith.

The Panel addressed the first element noting that Microsoft has trademark registrations for XBOX in the U.S. and in China. The Panel found that the disputed domain incorporated all of the mark and merely added the letters “ps” at the front. The Panel explained that the terms “ps” and XBOX are both readily associated with gaming consoles, the merging of the two exacerbated the confusion. The Panel found that Microsoft satisfied this element.

Moving to the second element, the Panel noted Complainant presented a prima facie case and although Respondent failed to provide a response, a review of the record would still be completed. The disputed web site resolved to a commercial site selling third-party modification chips for gaming consoles, including the XBOX. The Panel found this use was not a bona fide offering of goods or services nor a legitimate non-commercial or fair use manner pursuant to the Policy. Additionally, the Panel found that the Whois information showed Respondent was not commonly known by the disputed domain. Therefore, the Panel found Microsoft satisfied this element as well.

Moving to the last element, bad faith, the Panel explained:

The Panel finds that Respondent’s use of a domain name confusingly similar to Complainant’s mark, which resolves to a commercial website offering game console accessories for Complainant’s products and those of Complainant’s competitors, likely disrupts Complainant’s business.  Therefore, the Panel concludes that Respondent has engaged in bad faith registration and use of the disputed domain name pursuant to Policy ¶ 4(b)(iii)….Bad faith registration and use of the contested domain name under Policy ¶ 4(b)(iv) can also be inferred because Respondent is intentionally attempting to attract Internet users, for financial gain, to its domain name by creating a likelihood of confusion with Complainant and its XBOX mark.  Respondent profits from this confusion by selling game console parts that compete with Complainant.  The Panel concludes that Respondent has engaged in bad faith registration and use of the <psxbox.net> domain name under Policy ¶ 4(b)(iv).

Ultimately, the Panel found Microsoft proved all three elements and ordered the domain be TRANSFERRED.