The Panel considers that the Complainant could not realistically have expected that having known of, condoned and encouraged the use of the disputed domain name by the Respondent for more than three years it could then allege that the Respondent had no legitimate right or interest in that domain name. Accordingly, the Panel finds that the Complainant’s filing of its Complaint constitutes Reverse Domain Name Hijacking.
For the foregoing reasons, the Panel decides that:
(a)the domain name <ntmailserver.com> is not identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(b)the Respondent has a legitimate right or interest in respect of the domain name <ntmailserver.com>;
the domain name <ntmailserver.com> was not registered or used in bad faith.
The Complainant's filing of its Complaint constitutes Reverse Domain Name Hijacking.
Accordingly, the Panel refuses to order that the disputed domain name <ntmailserver.com> be transferred to the Complainant.
David TathamJordan Weinstein
Dated: June 24, 2002