WIPO Arbitration and Mediation Center

AT&T Corp. W.N.A., a/k/a

295 North Maple Avenue v. "Worldwide Network of Attornies"

Basking Ridge, NJ 07920-1002 USA Farouk al Khalifa a/k/a Jaye Rayes

(Complainant) 6 Palace Avenue, Manama BAHRAIN (Respondent)

1. The Complaint in this Case was filed with the World Intellectual Property Organization ("WIPO") on September, 21, 2001, naming as Respondent W.N.A., a/k/a "Worldwide Network of Attornies".

2. An abbreviated copy of material in connection with this Case was received as an attachment to an e-mail directed to this Administrative Panel on October 25, 2001. It contained a copy of the Complaint duly authenticated by the Representative authorized to act for it in this Administrative Proceeding, pursuant to the Uniform Dispute Resolution Policy ("the Policy"). The file also contained a document entitled "Response to Complainant" submitted not by the named Respondent in this proceeding but rather by an entity describing itself as "World of Nettie Atteberry", along with its contact information but without the required statement and signature of this putative Respondent. It is alleged in this document that the named Respondent in this case is not the Registrant of <worldnetatt.net>, the Domain Name which is the subject of this proceeding, and that this Domain Name was "recently" acquired from an entity described as fourcharities@hotmail.com . It also asserts certain defences to the Complaint which relate to it, rather than the named Respondent.

3. On October, 26, 2001, this Panel received two further documents as e-mail attachments from WIPO. Both of these documents originated from the attorneys of record on behalf of the Complainant. These documents were a "Request for Leave to File Motion to Strike Response to Complaint" and a "Request to Strike Submission Purportedly on Behalf of Respondent". The principal basis for seeking to strike the Submission in question is the fact that, allegedly contrary to para. 8(b) of the Policy, "[t]he Registration at issue was changed after AT&T Corp. issued notice of this action on September 21, 2001", in violation of para. 8(b) thereof.

4. The above-noted documents raise some new and unusual issues such as to incline this Administrative Panel to request further statements and documents from the Parties, pursuant to Rule 12 of the Rules for Uniform Domain Name Dispute Resolution Policy ("Rules"). The issues foreseen by the Panel are:

4.1 Ought the document "Response to Complaint", submitted on behalf of the putative entity "World of Nettie Attebery" to be received as a Response to the Complaint in this case?

4.2 What are the legal effects on the position of the named Respondent and the putative Respondent in this proceeding which will flow from a decision either to receive the Response, as above, or not to receive it? Please give reasons.

4.3 Ought the Complainants request for leave to file a motion to strike the Response to the Complaint to be granted, and in that event should the "Response" be struck? Please give reasons.

4.4 What are the legal effects that the Parties each say flows from either the success or lack thereof of the requests referred to in para. 4.3 above, particularly concerning the decisions which this Administrative Panel would then be entitled to make in regard to either or both registrations? Please give reasons.

5. This Administrative Panel would like to deal with the above in an orderly manner, and pursuant to its General Powers as stated in Rule 10 of the Rules for Uniform Domain Name Dispute Resolution Policy ("Rules"), which reads as follows:

(a) The Panel shall conduct the administrative proceeding in such manner as it considers appropriate in accordance with the Policy and these Rules.

(b) In all cases, the Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case.

(c) The Panel shall ensure that the administrative proceeding takes place with due expedition. It may, at the request of a Party or on its own motion, extend, in exceptional cases, a period of time fixed by these Rules or by the Panel.

(d) The Panel shall determine the admissibility, relevance, materiality and weight of the evidence.

(e) A Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules.

6. This Panel has not yet received the full record by mail of this case and therefore is under some handicap in following the precise trail of material events in regard to the registration of the Domain Name in question. Nor has this Panel received any specific evidence of any of the assertions made in the document "Response to Complaint". In regard to both positions, note should be taken by the parties of the comments made by earlier Administrative Panels concerning the weight of evidence as between mere assertions on the one hand and documented or otherwise verified evidence on the other. It is noted that the "Response to Complaint" submitted does contain a conditional offer of further proof of the facts which it asserts. The first condition states that the offer is dependent on whether there "is any questionable fact or evidence". The answer to this is that all assertions are subject to question by Administrative Panels. The second condition is that this Panel not reveal some of the information provided. This Panel is of the opinion that it cannot accept this condition consistent with its authority in para. 10 of the Rules, as above.

7. In order that this proceeding not be prolonged unnecessarily, this Panel requests:

7.1 That either or both "Respondents" provide to this Administrative Panel and the Complainant (through the WIPO Case Manager) on or before Friday, November 2, 2001, any further material evidence which they have in support of the assertions made in the "Response to Complaint".

7.2 That the Complainant, on or before Friday, November 9, 2001, provide further statements and documents responsive to the issues posed in para. 4 above, along with any further material evidence touching upon the issues raised above.

7.3 That either or both of the "Respondents" on or before November 13, 2001, provide further statements and documents responsive to the issues posed above in para.4.

8. The named Respondent, W.N.A. a/k/a "Worldwide Network of Attornies" shall also make it clear whether it adopts the Response to Complaint filed by "Nettie Attebery", by Friday, November 2, 2001.

9. It would also be helpful to this Administrative Panel for it to obtain further evidence from the Registrar, eNom, Inc. concerning the most recent filing application mentioned in the "Response to Complaint". This Panel does not think it appropriate for it to do so directly.

10. This Administrative Panel deems the delay occasioned by what has occurred and which has precipitated the above to be "exceptional circumstances" pursuant to Rule 6(f) of the Rules and therefore extends the date by which its decision will be rendered until November 20, 2001.

Cecil O.D. Branson, Q.C.
Sole Panelist

Dated: November 16, 2001