Complainant asserts that the Domain Name is identical to the OP Mark, Respondent has no rights or legitimate interests in the Domain Name; and Respondent registered and used the Domain Name in bad faith.
Complainant represents that on May 2, 1995, it registered the Domain Name with Network Solutions/Verisign but in the summer of 2002, Complainant transferred the Domain Name registration from Network Solutions to Tucows.com (ââ¬ÅTucowsââ¬Â). Complainant claims that in late 2002, Respondent gained wrongful access to the Tucows database, hijacked the Domain Name, and caused it to be fraudulently transferred to Respondent. Subsequently, on January 7, 2004, the Domain Name was fraudulently transferred back to Network Solutions despite the fact that Complainant had neither transferred, nor authorized any other party to transfer, title, ownership, use, or any rights to Complainantââ¬â¢s Domain Name registration to Respondent or to any other third party. On January 12, 2004, Andrew Lelchuk, Senior Vice President at Ocean Pacific Apparel Corp. wrote the following to Network Solutions1:
ââ¬ÅThe purpose of this letter is to dispute the rightful ownership of op.com. Ocean Pacific Apparel Corp. is the true and rightful owner of op.com. Op is a registered trademark of the Ocean Pacific Apparel Corp. Please update the registrant information to show that Ocean Pacific Apparel Corp. is the rightful owner of the op.com domain.ââ¬Â
In sum, Respondent somehow acquired rights to the Domain Name, is not making any legitimate use of the Domain name, but has refused to return it. On September 28, 2004, Complainant sent, via first class mail, a cease and desist letter to Respondent requesting that it transfer to Complainant ownership of the Domain Name. An electronic version of the letter was sent to Respondent via e-mail on the same day. Complainant never received any reply to its letter. As a result of Respondentââ¬â¢s failure to reply to Complainantââ¬â¢s letter, Complainant instituted this administrative proceeding, requesting transfer of the Domain Name registration to Complainant.
