We are also presently releasing the registration of same. Nel-Tech Labs, Inc. has done nothing illegal. He confirmed the willingness in November 1999 to release the domain name to Complainant but said that Complainant never followed up with transfer information. However, it appears that an acceptable settlement was not reached. Parties Contentions A. Complainant Complainant s contentions are summarized in paragraph 11 of the Complaint.
Complainant seeks the transfer of the disputed domain name to Complainant.
Accordingly, the Panel finds that the disputed domain name is confusingly similar to a trademark in which Complainant has rights. They are presented in the alternative. That is, a finding of the existence of the circumstances in any one of the four descriptions will qualify such circumstances as evidence that a disputed name has been registered and is being used in bad faith. The Complaint describes a mode of use of the disputed domain name by which Internet users were attracted to an unintended site. A domain name confusingly similar to Complainant s mark was used to direct Internet users not to a site authorized by Complainant but to a competitor s site.