[Deacom, Inc.

c/o Jay Deakins

xxx
xxx]
(Complainant) Domain Names In Dispute:
[ deacom.com ]
[Deacom
Ben Dean Case Number:
xxx. [ FA0902001246846 ]
xxx]
(Respondent)

ADDITIONAL SUBMISSION

[1.] Respondent received a Notification of Complaint and Commencement of Administrative

Proceeding on [February 27th, 2009]. The Notification stated that Complainant had submitted a
Complaint 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 4.
In addition, Respondent received a notification of Complainant’s Additional Submission on
[March 24th, 2009]. ]. The Notification stated that Complainant had submitted this Additional
Submission in accordance with Supplemental Rule 7(a) of the National Arbitration Forum (NAF)
Supplemental Rules (Supp. Rules).

[2.] RESPONDENT INFORMATION

[a.] Name: [Ben Dean]

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

[Provide the same information for Complainant’s authorized representative in the administrative
proceeding.] ICANN Rule 3(b)(ii).
The Respondent’s preferred method for communications directed to the Respondent in the
administrative proceeding: ICANN Rule 5(b)(iii).
 Electronic-Only Material
[a.] Method: [Email]
[b.] Address: [ben@deacom.com]
[c.] Contact: [Ben Dean]

Material Including Hard Copy

[a.] Method: [Post]
[b.] Address/Fax: [xxx]
[c.] Contact: [Ben Dean]

[In this section, you may respond to any allegations made by Complainant regarding Forum
Supplemental Rule 1(d).]

The Respondent chooses to have this dispute heard before a [single-member administrative
panel as stated in the Complainant’s Complaint] ICANN Rule 5(b)(iv).

[3.] RESPONSE TO FACTUAL AND LEGAL ALLEGATIONS MADE IN

COMPLAINT’S ADDITIONAL SUBMISSION
This Response specifically responds to the statements and allegations contained in the
Complaint’s Additional Submission and includes any and all bases for the Respondent to
retain registration and use of the disputed domain name.
[a] In regard to Complainant’s Additional Submission paragraph 5[a]:
[i] Respondent does not dispute Complainant’s right to their trademark.
However, holding Trademark rights is only one of three required elements of
Applicable Disputes defined clearly in UDRP Paragraph 4(a), ALL of which must
be proven by the Complainant.
[b] In regard to Complainant’s Additional Submission paragraph 5[b]:
[i] In Complainant’s Additional Submission paragraph 5[b][1], the
Complainant cites that the Respondent does not currently have a web page at
www.deacom.com host name to serve a web page.
Respondent maintains that he has no need to maintain a web site at
www.deacom.com, nor is this a requirement for legitimate use in the UDRP.
Further, the Respondent asserts that the lack of a web page at this host name not
an indication of whether the domain is being used for a bona fide offering of
goods and services. As indicated in paragraph 3[c][3] of the Response, many host
names are actively in service for HTTP, FTP, SMTP, POP, and IMAP protocols,
serving both business and personal use for the Respondent – a portion of which
relates to bona fide service offerings by the Respondent as Deacom (Sole
Proprietorship).
Finally, such an offering of goods and services is only one of three circumstances
demonstrating legitimate use, defined in UDRP paragraph 4[c], any one of which
alone sufficiently demonstrates legitimate use.
[ii] In Complainant’s Additional Submission paragraph 5[b][2], Complainant
incorrectly claims the Respondent "has not explicitly used the domain for any
Deacom-related business purposes throughout the past year", drawing this
conclusion from a claim that www.deacom.com was redirected to Jangl, Inc.
during the period of “2007 to 2008”.
In addition to evidence of use of the disputed domain name provided in paragraph
3[b][i] of this document, Respondent maintains:
[a] Complainant provides insufficient evidence of the time period of which
this redirection occurred. Documentary Evidence C “AboutUs Wiki Page
for Deacom.com” from the Complainants Additional Submission contains
no information about the dates this information was obtained.
[b] As the Complainant acknowledges, Jangl Inc. was a business founded
by the Respondent. In fact the company Jangl Inc. was a product of the
Respondent's services offerings as Deacom (Sole Proprietorship).
Respondent maintains that this redirection to another business of his is a
legitimate use of the domain name.
[c] Specific use of a domain “throughout the past year” is not defined as a
requirement in the UDRP. Respondent has used the disputed domain
uninterrupted from its original registration by the Respondent to present.
[iii] In Complainant’s Additional Submission paragraph 5[b][3] Complainant
continues to cite WHOIS records that do not reveal the Respondent’s personal
information as evidence against legitimate use.
Per Documentary Evidence A, Respondent subscribed to Register.com's "Private
Domain Registration" service for the disputed domain in order to mask his
personal information from WHOIS searches. This purpose of this legitimate
registrar service (service info provided in Documentary Evidence B) is to mask
personal information from public WHOIS searches.
Upon the filing of the UDRP Complaint by the Complainant, this service was
cancelled automatically by Register.com, causing the Respondent's real
information to be exposed. Documentary Evidence A of the Response contains the
current WHOIS information.
[iv] In Complainant’s Additional Submission paragraph 5[b][4] Complainant
claims “The deacom.com website itself continues to not identify the Respondent
as having any association with the disputed domain name”.
 Respondent continues to maintain he has no need nor is under any requirement to
use www.deacom.com nor is he required to expose his personal information on
the www.deacom.com web site. However, the host http://ben.deacom.com clearly
identifies and associates the domain with the Respondent.
[c] In regard to Complainant’s Additional Submission paragraph 5[c]:
[i] In Complainant’s Additional Submission paragraph 5[c][1], the
Complainant repeats its claim regarding the WHOIS information for the disputed
domain name. Respondent has addressed this issue in paragraph 3[b][iii] of this
document.
[ii] In Complainant’s Additional Submission paragraph 5[c][2], the
Complainants repeats it’s claim to the trademark. Respondent has addressed this
issue in paragraph 3[a] of this document.
[iii] In Complainant’s Additional Submission paragraph 5[c][3], the
Complainant falsely claims that the Respondent “has a history of conduct related
to registering a domain name for non-legitimate use”. However, the only evidence
provided by the Complainant is a single example of the Respondent's use of the
disputed domain name.
However:
[1] The cited use of the disputed domain was addressed in paragraph
3[b][ii] of this document; a use the Respondent maintains is legitimate.
[2] A single use of the disputed domain name – a single domain name - is
not, by definition, a “pattern”.
[3] The Respondent has made no attempt to sell, rent, or transfer the
disputed domain name to the Complainant or to a competitor of the
Complainant.
[4] Complainant is not a competitor of the Respondent
[5] Respondent was unaware of Complainant’s trademark both at the time
the disputed domain was first registered by the Respondent (which was 9
years prior to the issuance of the trademark) and at the time the Complaint
was filed.
[6] Respondent has no pattern of non-legitimate domain name
registrations, and registers domains for his own personal or professional
use only.

[4.] OTHER LEGAL PROCEEDINGS

[Identify any other legal proceedings that have been commenced or terminated in connection
with or relating to any of the domain name(s) that are the subject of the Complaint.] ICANN
Rule 5(b)(vi).
[5.] RESPONSE TRANSMISSION

The Respondent asserts that a copy of the Response, as prescribed by NAF’s Supplemental
Rules, has been sent or transmitted to the Complainant, in accordance with ICANN Rule 2(b).
ICANN Rule 5(b)(vii); NAF Supp. Rule 5.

[6.] The Respondent respectfully requests that the Administrative Panel denies the remedy
requested by the Complainant.

[If appropriate and the allegation can be substantiated with evidence, the Rules provide that a
Respondent may ask the Panel to make a finding of reverse domain-name hijacking.] ICANN
Rule 15(e).

[7.] CERTIFICATION

Respondent certifies that the information contained in this Response is to the best of
Respondent’s knowledge complete and accurate, that this Response is not being presented for
any improper purpose, such as to harass, and that the assertions in this Response 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]

Ben Dean
[Name]

___________________
[Date]

[Annex any documentary or other evidence upon which the Respondent relies, together with a
schedule indexing such documents] ICANN Rule 5(b)(ix).

[The Response, not including annexed material, shall not exceed ten (10) pages.] NAF Supp.
Rule 5(a).

[The Respondent shall submit three (3) copies of the Response, including annexed material, to
the National Arbitration Forum if the Complainant requested a single-member panel. If the
Complainant or Respondent requested a three (3) member panel, the Respondent shall submit
five (5) copies of the Response, including annexed material, to the National Arbitration Forum.]
NAF Supp. Rule 5(b).
RE: Deacom, Inc. c/o Jay Deakins v Deacom c/o Ben Dean - FA0902001246846

Table of Contents – Documentary Evidence

A. Evidence of purchased “Private Domain Registration” Service from Registrar of disputed

domain
B. Register.com’s Private Domain Registration service information
DOCUMENTARY EVIDENCE A
DOCUMENTARY EVIDENCE B