The Complainant formally ranked the Respondent (via group email and its newsletter, Gordano Channel News) as its fifth best reseller for the period between November and December 2000, and its third best reseller for the fourth quarter of 2000.
The Complainant also provides a link on its website to the Respondent’s website, stating “NTMAILSERVER.COM, Mail Server Purchases, Trial and Information!”.
On December 4, 2001, the Complainant sent a letter to the Respondent complaining that the vendor of another NT mail server was being featured on the Respondent’s front page website position. In this letter, the Complainant demanded that the Respondent either sell the disputed domain name for $2,000, or alter its website to promote only the Complainant’s products. A copy of this letter dated December 4, 2001, was annexed to the Response.
The Complainant claims that extensive advertising and PR campaigns since 1994 have established its product NTMail as one of the premier messaging solutions available for the Windows NT platform. It states that its NTMail product has received many awards and has been highly recommended by industry analysts and journals such as PC Magazine, IT Week, PC Plus and Secure Computing.
The Complainant has registered copyright in its NTMail software program in the United States of America.
The Complainant claims that the product NTMail is commonly referred to as “NTMail Server”. It states that in virtually all IT journals and business press, the Complainant’s messaging server has been referred to as “NTMail Server” and that the term “NTMail Server” is inextricably linked with the product “NTMail”. The Complainant provided evidence of a number of instances in which its NTMail product has been referred to as NTMail Server.
The Complainant claims that the Respondent has no rights or legitimate interest in respect of the disputed domain name. It claims that the Respondent is “using the well-known brand name of NTMail to gain new customers at the expense of [the Complainant].”
The Complainant states that the primary software offered for sale on the Respondent’s website is Imail server from Ipswitch software and that potential customers have been confused into purchasing Imail under the impression that they were buying NTMail. The Complainant alleges that as a result, it has had people calling it asking for support for the NTMail server they thought they had purchased when in fact they had purchased an Imail mail server.
The Complainant also claims that the disputed domain name was registered in bad faith. It states that it has developed a reputation over eight years by being at the forefront of development of mail server software and that the Respondent is devaluing the good name of both “NTMail” and the Complainant by using the name “NTMail” to sell other mail server software.