WIPO Arbitration and Mediation Center

ADDENDUM TO ADMINISTRATIVE PANEL DECISION

Experience Hendrix, L.L.C. v. Denny Hammerton and The Jimi Hendrix Fan Club

Case No. D2000-0364

This is an Addendum to the Administrative Panel Decision ("Decision") dated August 2, 2000 with regard to the domain name dispute between the parties involving the domain name "jimihendrix.com."

Further Procedural History

On August 8, 2000, the Respondent, Mr. Denny Hammerton ("Respondent"), contacted the WIPO Arbitration and Mediation Center ("Center") by e-mail indicating that he would challenge the Decision. The Respondent indicated that his challenge was based on the Panelist indicating in the Decision that no supplemental response ("Supplemental Response") was received from the Respondent when in fact the Respondent had sent a Supplemental Response on July 1, 2000 to the Center by e-mail. On August 8, 2000, the Center contacted the Panelist concerning the Respondents e-mail message of August 8. It was determined that, as a result of an e-mail communication error, the Panelist never received such Supplemental Response. Based upon this occurrence, the Panelist agreed to review and consider the Supplemental Response. The Center forwarded the Supplemental Response to the Panelist by e-mail on August 8, 2000. The Panelist acknowledged receipt of the Supplemental Response by e-mail to the Center on August 9, 2000.

Respondents Contentions

The Respondent contends in pertinent part:

I Denny Hammerton registered the domain name "jimihendrix.com" with the sole intention of a Jimi Hendrix Internet Fan Club. I created the Jim Hendrix Internet Fan Club in April of 1996. Designed initially as subscription form in the way of e-mail addresses for fans, primarily so that all new and old information on Jimi Hendrix could easily be relayed via the fans e-mail addresses. i.e. yourname@jimihendrix.com, my e-mail address was "purplehaze@jimhendrix.com" other subscribers had "foxylady@jimihendrix.com" "watchtower@jimihendrix.com" and so on. see attached jpeg file, this was the front page that opened up when you typed in www.jimihendrix.com on your browser. I have pasted this front page on an html page just in case the attached file does not open. http://www.bodyguards.com/jimi.html. My intentions were that once I had accumulated a large number of subscribers I would then add links to other Jimi Hendrix web sites, gather all info about Jimi Hendrix (especially recent (1997) uncovered material such as the UKs British Broadcasting Association (BBC Television) discovered in their vaults live recording of Jimi Hendrix when he was interviewed by the BBC on one of his many visits to the UK. Jimi Hendrix toured extensively and there is numerous concert film footage taken by the fans, and a large amount of photographs taken by fans which have never been viewed publicly. I also planned to offer free postings for memorabilia for sale, a chat rooms for fans to interact and anything else related to the Legend Jimi Hendrix. The domain name "jimihendrix.com" that I registered was always designed as a Jimi Hendrix Internet Fan Club web site.

Further Discussion and Findings

The Respondents above contentions and submitted Web page do not alter the Panelists findings and decision concerning the "jimihendrix.com" domain name. While the Respondent may have intended to design a Jimi Hendrix Internet Fan Club Web site, such intentions do not dispel the fact, and the Respondents submitted Web page shows, that the Respondent created a Web site located at "http://www.jimihendrix.com" to sell vanity e-mail addresses incorporating the "jimihendrix.com" domain name and that he acknowledged selling such e-mail addresses through the site. Such use cannot be characterized as non-commercial or fair use of the domain name. The Panelist therefore adheres to the finding that the Respondent has no rights or legitimate interests in the domain name.

Decision

The Panelist accordingly reaffirms the Decision in favor of the Complainant and reaffirms the requirement that the registration of the domain name "jimihendrix.com" be transferred to the Complainant.

Marylee Jenkins
Panelist

Dated: August 15, 2000