Complainant Anti-Defamation League ("ADL" or "Complainant") for its Complaint alleges as follows:

I.        INTRODUCTION

1.       This proceeding involves Respondent's unauthorized, bad-faith registration and use of the domain name ADLUSA.COM (sometimes referred to as the "Domain Name"), which infringes upon and is confusingly similar to Complainant's famous and distinctive ADL trademark and service mark (the "ADL Mark"), as well as Complainant's domain name at ADL.ORG.

2.       This Complaint is hereby submitted for decision in accordance with the Uniform Policy for Domain Name Dispute Resolution, adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN") on August 26,1999 (the "Policy"), the Rules for Uniform Domain Name Dispute Resolution Policy, approved by ICANN on October 24, 1999 (the "Rules"), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules").

II.      THE PARTIES

A.      The Complainant

3.       Complainant ADL is a registered non-profit organization in the United States, Israel, and Russia and incorporated in the District of Columbia in the United States. ADL's stated purpose is to prevent and permanently end the defamation and discrimination of the Jewish people, as well as bigotry of all kinds throughout the world. ADL's principal place of business is its headquarters in New York, NY; in addition, ADL operates thirty regional offices in the United States, and three overseas offices in Israel and Russia. ADL's postal address, e-mail address, telephone and fax numbers are as follows:

Anti-Defamation League
823 United Nations Plaza
New York, NY 10017
USA
Tel:       +1.212.885.7970
Fax:       +1.212.867.9406
E-mail: webmaster@adl.org '

4.       Christopher Wolf, Esq. and David A. Rappaport, Esq. are authorized to act for Complainant in this proceeding. Their postal address, e-mail addresses, telephone number and telefax number are as follows:

Christopher Wolf, Esq.
David A. Rappaport, Esq.
Proskauer Rose LLP
1233 Twentieth Street, N.W., Suite 800
Washington, B.C. 20036
USA
Tel:       +1.202.416.6800
Fax:       +1.202.416.6899
E-mail: cwolf@proskauer.com
E-mail: darappaport@proskauer.com

5.       Complainant's preferred method for electronic-only material is by e-mail to David A. Rappaport at darappaport@proskauer.com.

6.       Complainant's preferred method for communications for material including hard copy is via fax directed as follows:

Christopher Wolf, Esq.
Proskauer Rose LLP
1233 Twentieth Street, N.W., Suite 800
Washington, B.C. 20036
USA
Fax:       +1.202.416.6899

B.       The Respondent

7.       According to the Internic database, the registrar for the Bomain Name is Go Daddy Software, Inc. According to Go Daddy Software Inc.'s WHOIS database, the registrant of the Domain Name is Boris Pribich, the Respondent in this administrative proceeding, who purports to have a place of business or reside in Simi Valley, California. Copies of the printouts of the database searches conducted on July 7, 2005 are attached hereto as Annex 1.

8.       All information known to the Complainant regarding how to contact the Respondent is as follows:

Boris Pribich
P.O.Box 1154
Simi Valley, CA 93062
Tel:       +1.805.522.1363
E-mail: pribich@gte.net

III.     DOMAIN NAME AND REGISTRAR

9.       This dispute concerns the domain name ADLUSA.COM.

10.       The registrar with which the Domain Name is registered is Go Daddy Software, Inc., which has a principal office in Scottsdale, AZ, United States. Go Daddy Software, Inc. lists a contact address on its website of 14455 North Hayden Road, Suite 219, Scottsdale, AZ, 85260. Notifications concerning domain names should be sent to: Go Daddy Software, Inc., General Counsel, 14455 North Hayden Road, Suite 219, Scottsdale, AZ, 85260. Notifications concerning domain names should be e-mailed to: domaindispute@godaddy.com.

IV.     JURISDICTIONAL BASIS FOR THE ADMINISTRATIVE PROCEEDING

11.       This dispute is properly within the scope of the Policy, and the Administrative Panel has jurisdiction to decide the dispute. Go Daddy Software, Inc. is an accredited registrar authorized by ICANN to register domain names. The Go Daddy Software, Inc. Registration Agreement, pursuant to which the domain name that is the subject of this Complaint is registered, incorporates the Uniform Domain Name Dispute Resolution Policy in Paragraph 4. A copy of the Registration Agreement is attached hereto as Annex 2, and a copy of the domain name dispute policy that applies to the domain name in question is attached hereto as Annex 3.

V.      FACTUAL AND LEGAL GROUNDS

A.      The ADL Mark

12.       ADL is one of the world's most widely recognized non-profit organizations, and is dedicated primarily to resisting anti-Semitism, prejudice, and discrimination in all forms. ADL was founded in 1913 in response to rampant anti-Semitism and institutionalized discrimination against Jews in the United States and throughout the world. Since that time, ADL has made it its mission to publicly expose and combat examples of anti-Semitism, prejudice, and discrimination.

13.       ADL is the owner of the trademark ADL. ADL is also the owner of registered trademarks and service marks incorporating the ADL Mark, including U.S. Registration Number 1,776,315. See Annex 4 (copy of entries in U.S. Patent & Trademark Office online database). Registration Number 1,776,315 is valid, subsisting, and in full force and effect. Furthermore, Registration Number 1,776,315 is incontestable. The initials "ADL" are the most prominent feature of Registration No. 1,776,315.

14.       ADL has used the ADL Mark for decades in connection with its educational efforts and civil rights activities in combating anti-Semitism, prejudice, racism, and bigotry in all of its forms. See Annex 4. As part of its mission, ADL has registered the domain name ADL.ORG and has created a website at that domain name to promote its activities and provide information to the public in furtherance of ADL's goal of promoting respect and harmony.

15.       ADL has invested and continues to invest substantial resources and effort in promoting the ADL Mark as an identifier of the ADL mission and other activities, goods, and services rendered by ADL. As a result, the public has come to identify the ADL Mark exclusively with the ADL and its mission. See, e.g., Annex 5 (newspaper articles referring to Complainant). Accordingly, the ADL Mark is a strong and well known symbol of the source and purpose of the activities, goods, and services provided by ADL and of the goodwill and excellent reputation associated with ADL. The ADL Mark is both famous and distinctive.

B.       Respondent's Domain Name 16. Respondent has registered the domain name ADLUSA.COM and has been operating a website at the Domain Name that offers various pages and links disparaging ADL and containing false and misleading information regarding ADL and its activities. A copy of the home page of Respondent's website is attached hereto as Annex 6.

C.       Respondent's Domain Name is Confusingly Similar to Complainant's Mark

17.       The Domain Name is confusingly similar in its substantive part to Complainant's internationally renowned ADL Mark and dilutes the strength of Complainant's mark.

18.       Because the Domain Name contains the name "ADL," the public is likely to believe that the Domain Name is affiliated with Complainant's non-profit organization or an affiliate of Complainant's non-profit organization, and therefore to visit Respondent's site in search of Complainant's own website.

19.       Respondent's addition of a common suffix to the ADL Mark does not lessen the likelihood of confusion among the public. As prior UDRP arbitrators have found, the registration of a mark that is but a slight variation of a well known mark generates a confusingly similar mark. Indeed, it is well established that "the adaptation of a recognized trademark in a Domain Name by variation in spelling or by the deletion, addition, or insertion of letters, suffixes, words, or acronyms does not escape a finding of confusing similarity." America Online, Inc., v. Yeteck Communication, Inc., WEPO Arbitration and Mediation Center, Case No. D2001-0055 (2001) (addition of the words "casino" and "sportsbet") (attached hereto as Annex 7); see also Nasdaq Stock Market, Inc. v. Pouran, WEPO Arbitration and Mediation Center, Case No. D2002-0770 (2002) (addition of words "biz" and "today") (attached hereto as Annex 8).

20.       The addition of the suffix "USA" in particular is insufficient to distinguish the Domain Name from Complainant's mark. It is well established that the mere addition of a geographic identifier will not serve to distinguish a domain name from a Complainant's mark. See Dell Computer Corp. v. MTO C.A. and Diabetes Education Long Life, WIPO Arbitration and Mediation Center, Case No. D2002-0363 (2002) (finding country designations "confusingly similar") (attached hereto as Annex 9). Respondent's addition of the suffix "USA" thus represents a common tactic that has been recognized as a deficient means of distinguishing a domain name. See Rolls-Royce PLC v. Hallofpain, WIPO Arbitration and Mediation Center, Case No. D2000-1709 (2001) (addition of word "Canada" inadequately distinguished domain name) (attached hereto as Annex 10); Dell Computer Corp., Case No. D2002-0363 (83 domain names, many involving addition of country designation prefixes or suffixes, all deemed insufficiently distinguished) (Annex 2).

D.       Respondent Has No Legitimate Rights or Interests in the Domain Name

21.       ADL has never authorized Respondent to own or use the ADL Mark in any way, and Respondent has no independent rights or legitimate interests in the Domain Name.

22.       Respondent has not registered any trademark in "ADLUSA" or "ADL USA" in the United States or in any other country participating in the Madrid Protocol. Furthermore, there is no evidence that Respondent has any rights in those names. There is no evidence that Respondent is doing business on the Web as either "ADLUSA" or "ADL USA." Nor is there evidence that Respondent has been commonly known by the name "ADLUSA" or "ADL USA" anywhere in the world.

23.       Respondent has no rights or legitimate interests in using the Domain Name for the purposes of comment or criticism. "ADLUSA" fails to convey the message that the Domain Name is used for such purposes. Rather, the Domain Name merely conveys the false and misleading message that it is in some way related to Complainant. See Council of American Survey Research Organizations v. Consumer Information Organization, WIPO Arbitration and Mediation Center, Case No. D2002-0377 (2002) (finding domain name misleading on grounds that "First Amendment right does not extend to the use of someone else's trademark as a domain name") (attached hereto as Annex 11); see also People for the Ethical Treatment of Animals, Inc. v. Doughney, 263 F.3d 359 (4th Cir. 2001) (no legitimate interest of defendant in domain name that failed to convey that purpose was for commentary or criticism) (attached hereto as Annex 12). Although Respondent may argue that it has a right to criticize the activities of Complainant, that right extends only to the content of his website, under a domain name that is not confusingly similar to ADL's trademarks. "[T]he right to express one's views is not the same as the right to identify itself by another's name when expressing those views." See Kirkland & Ellis LLP v. DefaultData.com, WIPO Arbitration and Mediation Center, Case No. D2004-0136 (2004) (attached hereto as Annex 13); see also Council of American Survey Research Organizations, Case No. D2002-0377 (right to criticize "does not carry with it the right to tarnish another's mark") (Annex 11).

24.       Based on the foregoing, Respondent has no legitimate rights or interests in the Domain Name.

E.       Respondent Registered and Uses the Domain Name in Bad Faith

25.       Respondent registered the Domain Name and has used it in bad faith. Respondent was plainly aware of the ADL Mark at the time he registered the Domain Name on July 18, 2002. See Annex 14 (copy of letter dated July 19, 2001 from counsel for Complainant to Respondent, as posted on Respondent's ADLUSA.COM website). Indeed, Respondent registered the Domain Name after receiving a cease and desist letter from counsel for Complainant advising Respondent that his use of the term "ADL" on his other website -(located at http://www.americandefenseleague.com) was infringing. See id.

26.       Given that Respondent is aware of the ADL Mark, it must be concluded that the registration of the Domain Name is an attempt to draw and misdirect web surfers in search of Complainant's website, and to use the ADL Mark in connection with Respondent's racist ideology, thereby tarnishing and diluting the ADL Mark. See Alberto-Culver Company v. Pritpal Singh Channa, WLPO Arbitration and Mediation Center, Case No. D2002-0757 (2002) (bad faith found where "it appears likely that the Respondent was aware of Complainant's rights ... at the time the Respondent registered its domain names") (attached hereto as Annex 15). There is no indication that Respondent is or intends to be a legitimate business concern operating under the ADLUSA or ADL USA name.

27.       Respondent has thus acted to mislead and confuse the public in an effort to draw traffic to Respondent's website. Bad faith exists where "Respondent intended to attract users to its websites for commercial gain by relying on confusion with Complainant's well known acronym and to mislead users into thinking the websites were affiliated to or endorsed by Complainant." America Online, Inc., v. Yeteck Communication, Inc., WIPO Arbitration and Mediation Center, Case No. D2001-0055 f 6.12 (2001) (attached hereto as Annex 7); see also In Re Bundesrepublik Deutschland, American Arbitration Association, Case No. 49-413-00001-05 (2005) (attracting Internet users for commercial gain by creating a likelihood of confusion with Complainant's service marks and the source or endorsement of the website in question justifies transfer of domain name) (attached hereto as Annex 16). Respondent is further using the confusingly similar Domain Name to promote hateful and anti-Semitic views that are precisely those that ADL is dedicated to refuting. The use of the ADL Mark to promote such views tarnishes and dilutes the ADL Mark.

28.       Respondent is profiting from the use of the ADL Mark by offering commercial services through his website. Respondent is using the ADLUSA.COM website to sell engineering services and products that are unrelated to its commentary or criticism of Complainant. See Annex 17 attached hereto. Such actions represent further evidence of bad faith on the part of Respondent. See Council of American Survey Research Organizations, Case No. D2002-0377 (links to unrelated commercial products from criticism site was "factor weighing against Respondent") (Annex 11).

29.       Respondent has therefore registered and used the Domain Name in a bad-faith attempt to mislead the public and to tarnish, dilute, and profit from the ADL Mark.

VI.     REMEDIES REQUESTED

30.       For the reasons described in Section V above, the Complainant requests the Administrative Panel appointed in this administrative proceeding issue a decision that the domain name ADLUSA.COM be transferred to ADL.

VII.    ADMINISTRATIVE PANEL

31.       The Complainant elects to have the dispute decided by a single-member Administrative Panel.

VIII.  MUTUAL JURISDICTION

32.       In accordance with Paragraph 3(b)(xiii) of the Rules, Complainant agrees to submit, only with respect to any challenge that may be made by the Respondent to a decision by the Administrative Panel to transfer the domain name, to the jurisdiction of the courts of Simi Valley, California, United States, the courts having jurisdiction over the location of the domain name holder's address, as shown for the registration of the Domain Name in the concerned registrar's Whois database at the time of the submission of the Complaint to the Center.

IX.     OTHER LEGAL PROCEEDINGS

33. Currently, no other legal proceedings have been commenced or terminated in connection with or relating to the Domain Name.

X.       COMMUNICATIONS

34.       A copy of this Complaint, together with the cover sheet as prescribed by the Supplemental Rules, has been sent or transmitted to the Respondent on July 12, 2005 by first-class mail, postage prepaid and return receipt requested, as well as by e-mail, to the Respondent's address as listed in Paragraph 8 above.

35.       A copy of this Complaint has been sent to the Registrar on July 12, 2005 by e-mail to the Registrar's address listed in Paragraph 10, and by first-class mail, postage prepaid to the Registrar's address listed in Paragraph 10.

36.       This Complaint is submitted to the Center in electronic form, and in four sets together with the original.

XI.     PAYMENT

37.       As required by the Rules and Supplemental Rules, payment in the amount of USD $1,500 is enclosed with the original of this Complaint.

XII.    CERTIFICATION

38.       Complainant agrees that its claim and remedies concerning the registration of the Domain Name, the dispute, or the dispute's resolution shall be solely against the Domain Name's holder and waives all such claims and remedies against (a) the WIPO Arbitration and Mediation Center and Panelists, except in the case of deliberate wrongdoing, (b) the concerned registrar(s), (c) the registry administrator, (d) the Internet Corporation for Assigned Names and Numbers, as well as their directors, officers, employees, and agents.

39.       Complainant certifies that the information contained in this Complaint is to the best of Complainant'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 the Rules and under applicable law, as it now exists or as it may be extended by a good faith and reasonable argument.

Dated: July 12, 2005             Respectfully submitted,

ANTI-DEEAMATION LEAGUE

By:       Christopher Wolf
            David A. Rappaport
            PROSKAUER ROSE LLP
            1233 Twentieth Street NW, Suite 800
            Washington, DC 20036
            Authorized Representatives of ADL