4 2003 The Center appointed David H Bernstein as the sole panelist in this matter on February 13 2003 The Panel finds that it was properly constituted The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and

Christopher P Tootal David H Bernstein and Dawn Osborne as panelists in this matter on February 4 2003 The Panel finds that it was properly constituted Each member of the Panel has submitted the Statement of Acceptance and Declaration of

forth so cogently by Judge David H Bernstein the above factual recitation should make clear this is not a garden-variety cybersquatting case In fact it is not a cybersquatting case at all Rather this appears to be a breach of contract and breach

Respondent represented by David J Loundy of Law Offices of David J Loundy REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is foreigner.com registered with DotRegistrar.com Inc PANEL The undersigned certify that they have acted

On or about October 29 1995 Davidson registered the Domain Name in the name of a company called Group Seven of which Davidson was the sole shareholder On or about February 22 1996 Davidson changed the registrant of the Domain Name to Complainant

appointed Mark Partridge David H Bernstein and Dana Haviland as panelists in this matter on December 5 2002 The Panel finds that it was properly constituted Each member of the Panel has submitted the Statement of Acceptance and Declaration of

Louis E Condon Chair David H Bernstein and James A Crary as Panelists PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum the Forum electronically on September 16 2002 the Forum received a hard copy of

Staniforth Ricketson and David Sorkin as panelists and David H Bernstein as the Presiding Panelist in this matter On October 11 2002 the Panel received a request from Complainant to submit an additional submission In response the Panel issued

Michael Albert Panelist David H Bernstein Panelist Dated November 1 2002 D2002 0797 101 1001 e mail three member well known pre date D2001 0252 0141 D2000 0624 Wal Mart 0150 non contradicted voguexo com Naame e g

Michael Albert Panelist David H Bernstein Panelist Dated November 1 2002 D2002 0803 e mail three member well known anti abortion mailed pro life pre date D2001 0252 typo squatting 0410 1492 0362 D2000 0022 out of pocket non contradicted

A Betz of Parker Poe Adams & Bernstein LLP Respondent is Impact.com Inc Los Angeles CA Respondent represented by Ari Goldberger of ESQwire.com REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is impact.com registered with

L Elliott Presiding Panelist David H Bernstein Panelist Sally M Abel Panelist Dated September 20 2002 Concurrence of David H Bernstein As the Panel s decision makes clear a majority of the Panel has found that the Complainant has proven by a

the Center appointed David H Bernstein as the sole panelist in this matter 4 Factual BackgroundAs noted above Complainant is Land Sachsen-Anhalt a federal state in Germany Complainant has not submitted any evidence that it owns trademark

the Center appointed David H Bernstein as the Sole Panelist and informed the parties that the expected date of decision was May 14 2002 On May 6 2002 after reviewing the file the Panel contacted the Center to advise that the Complaint did

Donahey as Panelists and David H Bernstein as Presiding Panelist Thereafter the Panel considered Respondent s request for leave to file an Amended Response Because the Second Amended Complaint did not alter the substance of the First Amended

Respondent to Complainant David H Bernstein Sole Panelist Dated April 30 2002 D2002 0105 75011 1501 4 6 e mail single member D2000 pre teen oriented entertainment related third party 0770 three letter two one common law 1210 vanity type D2001

Panelist in this proceeding David H Bernstein as Panelist PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum the Forum electronically on March 5 2002 the Forum received a hard copy of the Complaint on March 13

from Mr Knud Wallberg Mr David H Bernstein and Ms Eva Fiammenghi the WIPO Center transmitted on March 18 2002 to the parties a Notification of Appointment of Administrative Panel and Projected Decision Date in which Mr Knud Wallberg Mr David H

notified the parties that David H Bernstein had been appointed as the Panelist The issuance of this decision was regrettably delayed because of the parties delayed submission of the Reply and Objection and by subsequent delays in processing the

proceeding Anne M Wallace Q.C David H Bernstein and David E Sorkin as Panelists PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum the Forum electronically on January 22 2002 the Forum received a hard copy of the