RE: Deacom, Inc.

c/o Jay Deakins v Deacom c/o Ben Dean - FA0902001246846

Table of Contents – Documentary Evidence

A. Whois Record for Deacom.com

B. United States Patent and Trademark Office Reg. No. 3,201,6526
C. ICANN Uniform Domain Name Dispute Resolution Policy
D. Deacom.com “404” error message, displayed as of 02/16/2009

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Int. Cl.:9
Prior U.S. Cls.:21,23,26,36 and38
Reg.No. 3,201,526
United States Patent and Trademark Office Jn 23,2007

TRADEMARK
PRI\ICIP.ALRECISTER

DEACOM. INC. IPENNSYLVANIA SOLE PRO. THE COLOR(S) BLUE AN'D YALLOW IS/ARE
PRIETORSHIP) CLAIMED AS A FE{TURE OF THE MARK
950\4'ESTVAILEY ROAD, SIIfIE 3Ol]O
WA].NE, PA 19087

FOR: COMPUTERSOFTWARETHAT PROVIDES THL M.{RK ( ONSISTSO! THE WORD'DIA.

REALTIME, INTEGR.ATED BUSINESSMANAGE- C O V " I \ Y f I t O W L L T T L R 5 ,P N C A S E DB Y A
MENI INIELLIGENCE BY COMBINING INFOR. BLUERECTANGLE.
MATION FROM VARIOUS DATABASESAND
PRESENTINCIT IN AN !AS'I.IO.t \DtRSTAND
U S T RT N ' TR A I . S .( L S . : I , ] ] . : U ,
I [AC!,IN CLASS sER.\O. 78-832,47d
FILED 3"8.2006.
36AND 38).

FIRSTUSEl-l-t995rIN COMMERCEi,l-1995. VARY lvlUNSOh\,EXAMINING ATTORNEY

404Not Found Page1 of I

Th€ site you have requestedcould not be found. (404)

http://www.deacom.conr/
[Deacom, Inc.
c/o Jay Deakins
xxx
xxx
]
)
(Complainant) )
)
v. ) Domain Names In Dispute:
) [deacom.com]
[Deacom
c/o Ben Dean
xxx
xxx
]
)
)
(Respondent) )
)

COMPLAINT IN ACCORDANCE WITH

THE UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY

[1.] This Complaint is hereby submitted for decision in accordance with the Uniform Domain
Name Dispute Resolution Policy, adopted by the Internet Corporation for Assigned Names and
Numbers (ICANN) on August 26, 1999 and approved by ICANN on October 24, 1999 (ICANN
Policy), and the Rules for Uniform Domain Name Dispute Resolution Policy (ICANN Rules),
adopted by ICANN on August 26, 1999 and approved by ICANN on October 24, 1999, and the
National Arbitration Forum (NAF) Supplemental Rules (Supp. Rules). ICANN Rule 3(b)(i).

[2.] COMPLAINANT INFORMATION

[a.] Name: [Deacom, Inc. c/o Jay Deakins]

[b.] Address: [xxx
xxx]
[c.] Telephone: [xxx]
[d.] Fax: [xxx]
[e.] E-Mail: [info@deacom.net]
[Provide the same information for Complainant’s authorized representative in the administrative
proceeding.] ICANN Rule 3(b)(ii).

The Complainant’s preferred method for communications directed to the Complainant in the
administrative proceeding: ICANN Rule 3(b)(iii).

Electronic-Only Material
[a.] Method: [e-mail]]
[b.] Address: [info@deacom.net]
[c.] Contact: [Susan Shaw]

Material Including Hard Copy

[a.] Method: [post]
[b.] Address/Fax: [xxx]
[c.] Contact: [Susan Shaw]

The Complainant chooses to have this dispute heard before a [single-member administrative
panel]. ICANN Rule 3(b)(iv).

[If Complainant elects to have this dispute heard before a three-member panel, provide the
names and contact details of three candidates from any ICANN-approved Provider’s list of
panelists to serve as one of the panelists.] ICANN Rule 3(b)(iv).

[3.] RESPONDENT INFORMATION

[a.] Name: [Deacom c/o Ben Dean]

[b.] Address: [xxx]
[c.] Telephone: [xxx]
[d.] Fax:
[e.] E-Mail: [ben@deacom.com]

Additional contact information for respondent:

[a.] Name: [Domain Discreet, ATTN: deacom.com]
[b.] Address: [Avenida do Infante 50, Funchal, Madeira 9004-521 PT]
[c.] Telephone: [1-902-7495331]
[d.] Fax:
[e.] E-Mail: [5060547d0a14115200272d6e58e589d8@domaindiscreet.com]

[Provide the same information for Respondent’s authorized representative in the

administrative proceeding, if known.] ICANN Rule 3(b)(v).

[In this section, please include any arguments you are making with respect to Forum
Supplemental Rule 1(d)].

[4.] DISPUTED DOMAIN NAME(S)

[a.] The following domain name(s) is/are the subject of this Complaint: ICANN Rule
3(b)(vi).
 [deacom.com]

[b.] Registrar Information: ICANN Rule 3(b)(vii).

[i.] Registrar’s Name: [REGISTER.COM, INC.]

[ii.] Registrar Address:[575 8th Avenue, , 11th Floor,
New York, NY 10018]
[iii.] Telephone Number: [1-212-789-9100]
[iv.] E-Mail Address:

[c.] Trademark/Service Mark Information: ICANN Rule 3(b)(viii).

[Word Mark: DEACOM

Goods and Services: Computer software that provides real-time, integrated
business management intelligence by combining information from various
databases and presenting it in an easy-to-understand user interface.
US Serial Number: 78832474
Registration Number: 3,201,526]

[5.] FACTUAL AND LEGAL GROUNDS

This Complaint is based on the following factual and legal grounds: ICANN Rule
3(b)(ix). The analysis in this section may require more space than provided, but the
entire Complaint shall not exceed fifteen (15) pages. NAF Supp. Rule 4(a).

[a.] [The domain name is identical to the DEACOM trademark in which Deacom, Inc.
has rights. Deacom, Inc. is privately held provider of enterprise software and has
been using the DEACOM trademark in commerce since 1995. Deacom, Inc. filed
for the registration of the DEACOM trademark with the United States Patent and
Trademark Office on March 8, 2006 and the trademark was officially registered
with the USPTO on January 23, 2007 (see documentary evidence B. per the Table
of Contents).] ICANN Rule 3(b)(ix)(1); ICANN Policy ¶ 4(a)(i).

[b.] [The Respondent has no legitimate interest in respect of the domain name, as the
domain is not being used in connection with a bona fide offering of goods or
services. The Respondent has no license or agreement to use the DEACOM mark,
the WHOIS information for deacom.com is listed as of 02/09/2009 as Domain
Discreet ATTN: deacom.com Avenida do Infante 50 Funchal, Madeira 9004-521
PT (see documentary evidence A. per the Table of Contents), and does not identify
the Respondent as being commonly known by the disputed domain name, and the
deacom.com website itself does not identify the Respondent as having any
association with the disputed domain name. The Respondent was not using the
disputed domain name for any bona fide offering of goods or services nor a
legitimate noncommercial or fair use, as evidenced by the disputed domain
name’s current inability to resolve to a website. Internet users who attempt to
access the domain name receive a “404” error message (see documentary
 evidence D. per the Table of Contents)]. ICANN Rule 3(b)(ix)(2); ICANN Policy
¶ 4(a)(ii).

[The Panel may consider any relevant aspects included in, but not limited to
ICANN Policy ¶ 4(c):

(i.) Whether, before any notice to the Respondent of the dispute, Respondent’s
use of, or demonstrable preparations to use, the domain name or a name
corresponding to the domain name is in connection with a bona fide offering of
goods or services; or

(ii.) Whether Respondent (as an individual, business, or other organization)

has been commonly known by the domain name, even if Respondent has not
acquired trademark or service mark rights; or

(iii.) Whether Respondent is making a legitimate noncommercial or fair use of

the domain name, without intent for commercial gain to misleadingly divert
consumers or to tarnish the trademark or service mark at issue.]

[c.] [The Respondent is currently not making fair use of the domain name, as the
disputed domain name fails to resolve to a website, and Internet users who
attempt to access the domain name receive a “404” error message (see
documentary evidence D. per the Table of Contents).] ICANN Rule 3(b)(ix)(3);
ICANN Policy ¶ 4(a)(iii).

[The Panel may consider any relevant aspects included in, but not limited to
ICANN Policy ¶ 4(b):

(i.) Whether there are circumstances indicating that Respondent has

registered or has acquired the domain name primarily for the purpose of selling,
renting, or otherwise transferring the domain name registration to the
Complainant who is the owner of the trademark or service mark or to a
competitor of that Complainant, for valuable consideration in excess of
Respondent’s documented out-of-pocket costs directly related to the domain
name; or

(ii.) Whether Respondent has registered the domain name in order to prevent
the owner of the trademark or service mark from reflecting the mark in a
corresponding domain name, provided that Respondent has engaged in a pattern
of such conduct; or

(iii.) Whether Respondent has registered the domain name primarily for the
purpose of disrupting the business of a competitor; or

(iv.) Whether by using the domain name, Respondent has intentionally

attempted to attract, for commercial gain, Internet users to Respondent’s web site
or other on-line location, by creating a likelihood of confusion with the
Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of
 Respondent’s web site or location or of a product or service on Respondent’s web
site or location.]

[6.] REMEDY SOUGHT

The Complainant requests that the Panel issue a decision that the domain-name registration be
[transferred] ICANN Rule 3(b)(x); ICANN Policy ¶ 4(i).

[7.] OTHER LEGAL PROCEEDINGS

[To the best knowledge of the complainant, there are no other legal proceedings that have been
commenced or terminated in connection with or relating to deacom.com, that which is the
subject of this complaint.] ICANN Rule 3(b)(xi).

[8.] COMPLAINT TRANSMISSION

The Complainant asserts that a copy of this Complaint, together with the cover sheet as
prescribed by NAF’s Supplemental Rules, has been sent or transmitted to the Respondent
(domain-name holder), in accordance with ICANN Rule 2(b) and to the Registrar(s) of the
domain name(s), in accordance with NAF Supp. Rule 4(e). ICANN Rule 3(b)(xii); NAF Supp.
Rule 4(c).

[9.] MUTUAL JURISDICTION

The Complainant will submit, with respect to any challenges to a decision in the administrative
proceeding canceling or transferring the domain name, to [the Commonwealth of New York, as
the location of the Registrar where the domain name is registered.] ICANN Rule 3(b)(xiii).

[10.] CERTIFICATION

Complainant agrees that its claims and remedies concerning the registration of the domain name,
the dispute, or the dispute’s resolution shall be solely against the domain-name holder and
waives all such claims and remedies against (a) the National Arbitration Forum and panelists,
except in the case of deliberate wrongdoing, (b) the registrar, (c) the registry administrator, and
(d) the Internet Corporation for Assigned Names and Numbers, as well as their directors,
officers, employees, and agents.

Complainant certifies that the information contained in this Complaint is to the best of
Complaint's knowledge complete and accurate, that this Complaint is not being presented for any
improper purpose, such as to harass, and that the assertions in this Complaint are warranted
under these Rules and under applicable law, as it now exists or as it may be extended by a good-
faith and reasonable argument.
Respectfully Submitted,

___________________
[Signature]

Jay Deakins
[Name]

02/25/2009
[Date]

[Annex any documentary or other evidence, including a copy of the Policy applicable to the
domain name(s) in dispute and any trademark or service mark registration upon which the
complaint relies, together with a schedule indexing such evidence.] ICANN Rule 3(b)(xv).

[The Complaint, not including annexed material, shall not exceed ten (10) pages.] NAF Supp.
Rule 4(a).

[The Complainant shall submit three (3) copies of the Complaint, including annexed material, to
the National Arbitration Forum if the Complainant requested a single-member panel. If the
Complainant requested a three (3) member panel, the Complainant shall submit five (5) copies
of the Complaint, including annexed material, to the National Arbitration Forum. If the
Respondent requests a three (3) member panel, the Complainant may be asked to submit
additional copies of the Complaint.] NAF Supp. Rule 4(b).