What can I do to find non-remote work opportunities or remote job opportunities online during these economic conditions?

There is no denying that humanity worldwide is experiencing tough job conditions. There are regular news broadcast about industries threatened with massive job losses. For example recently, there is news / rumors that the airlines industry is about to be the next to suffer significant job losses. https://www.nytimes.com/live/2020/10/13/business/us-economy-coronavirus

Let's say that your job was in the airlines industry and you found yourself unemployed? Or let's say that you job was not int he airline industry and was not threatened as of yet  but there may still be certain concerns and your gut instincts might be causing you to begin to look for remote work opportunities even if it just to build up your emergency funds, there is no denying that it is wiser to prepare financially (when you still have the opportunity) and start taking action to save for a "rainy day" while you can. 

Either to save away some money or because perhaps you are observing others around you are starting to be "furloughed", or might have lost their jobs? or let's just say that you are one of them, then, and you realize that you need to come up with a backup plan quickly before it gets any worse financial....

In all of the above scenarios described above, you might need an alternate predictable source of "cash-flow", to put food on your table, a roof over your head or have enough money saved up to survive what your gut level is telling you about what is to come: and you are probably asking your self where can I find reliable, predictable, ethical work?

Therefore, finding some sort of way to bring in alternate source of reliable income through non remote work or remote work, is not just desirable but it might be essential to your survival. Let's say you might even be a budding entrepreneur working on the next "internet success story" - there is no denying that a few well known business have been started during economic downturns, however, it is always wise to keep your job / source of steady income till you are fully able to monetize your startup and start to make actual dollars aka "positive cash-flow". 

Regardless of what your current job/financial situation is, you might be wondering as to what kind of income generating job opportunities either remote job opportunities or remote work opportunities exist during economic times when companies seem to be cutting back. Or may be you have been job hunting for the last six months applying-to-job-after-job on leading employment websites such as indeed.com, monster.com, dice.com, and even though it appears that you have solid job qualifications, the required education and experience that during "normal times" would help you fairly quickly land jobs /or even perhaps multiple job offers from search firms?, yet, now you apply and non one seems to be hiring? perhaps you are beginning to wonder, "is it possible to find jobs near me? or should I be looking for remote job opportunities?", I mean surely, there has to be at the very least someone hiring individuals with you skills?

Or perhaps you might be able to relate to this scenario: each day, you come home from work and then after a quick dinner, you find yourself  on the internet proceeding to parse through the plethora of employment opportunities, that you proceed to dutifully apply to-job-after-job but you only receive those "thank you for your applying to our job posting" canned email responses." 

Maybe you think, hey the government always has plenty of job openings, so you apply for city jobs, you apply for county jobs, you apply for state jobs or even Federal jobs and still, you don't receive any interviews. You are beginning to now wonder where are those days when there used to be so much demand  for your skills that you could respond to a job, walk in to an interview, followed by a handshake and "Congratulations!" from the company's Human Resources manager because you had snagged a job? 

Sometimes you begin to wonder if it will necessitate a career switch where let's say you were in technology but you are considering civil service jobs or even thinking about freelance job opportunities such as those advertised on Upwork.com, Freelancer.com, Fiverr.com or even Guru.com? I mean any source of alternate income is income correct? However, there is a chance that you might find out that you are being under cut by overseas competitors: people who can afford to live on a tenth of your expenses and live in countries with low-low-low cost of living. However, there are companies that prefer to hire local talent. My opinion is that there exists a large market opportunity and that not everyone seeks the lowest or cheapest person. 

Also realize that some company's business is booming during these economic conditions. And who might that be, you might ask? For example one such company is, Amazon and the Amazon jobs is a good website to check out because they tend to have jobs, even remote jobs that cover a spectrum of possible positions which you could possibly apply your skill set, your experience, your education or even that technology class that you took online. And if you explore other possibilities, what about United Parcel Service (UPS), or have you thought about Fedex? such companies need people ranging from freight related experience to technology experts to aircraft pilots. 

In my opinion, tough times don't last but tough-resourceful-resilient people do. I might suggest, making a simple list of prospective companies that you can brain storm and build a list of prospective companies whose career pages you might want to check out periodically for potential job opportunities, even the United States Postal Services (USPS) careers are something to explore for some of us. Or may be its is time to take a quick course and re-skill yourself. What do I mean by take a quick-short course? I am just thinking aloud so bear with me: What about a bar tending course? but you might say that alcohol goes against your moral or religious values, and in that situation perhaps why not take basic html, CSS, javascript course so that you can perform basic edits/fixes to a company's web content and you know what? the best part is that you can acquire such skills at no cost or low cost. 

For example, have you checked out https://www.w3schools.com/  and if you haven't check out such a site where your can build your skill set at no cost to you, I suggest you should because might it be a wise idea to explore what potential a new skill might hold for you? 

I think you also have to use common sense when you look for non-remote work or remote work in general, for example if you are looking for a business analyst position, you might likely not find many "business analyst" positions advertised on craigslist, don't get me wrong, I have seen business analyst positions advertised on craigslist, however, there is a high likelihood that you will see a position for a business analyst advertised on dice.com or indeed.com because advertisements for positions such as for a business analyst tend to be usually advertised on on certain job sites. And positions for let's say a sous chef, cook, might be advertised on both indeed.com as well as craigslist. When the economy experience turbulence and you happen to be looking for a part time job or a full time job to sustain you, have you considered Home Depot or Lowes? because home improvement businesses generally thrive when the economy take a turn for the worst because people tend to have time on their hands and tend to fix and repair their dwellings as they huddle till the economy usually turns around.

So far, we talked about Fedex careers and Amazon careers and UPS careers however there are also remote job opportunities in areas such as translation, transcribing, data entry such as for bookkeeping or legal data entry for a law firm. However let's be realistic there are some jobs that just can't be remote such as nursing, or warehouse jobs or some of the jobs at places like Marriott or Hilton and if you have such hospitality businesses in your area, then they might still be hiring and it might be worth checking out especially you have been recently laid off from the cruise industry or the airlines industry because some skills/positions might be applicable in both industries? 

Presently, the job bank might be holding a smaller capacity of jobs during these economic conditions, however, jobs still exist in one form or the other and there is no denying that it might take a lot more effort presently. 

What about freelance jobs like we spoke about previously? and I mean not just remote jobs but jobs such as for stocking or a cashier position at grocery stores like Aldi - or any of your local neighborhood grocery stores. Because people still have to eat and therefore even if they curb eating out at restaurants, they still need to buy groceries? 

However, make no mistake, certain fields/professions do tend to favor remote jobs opportunities. And what might you ask are those jobs, you guessed right probably if you said software developers, but there is also need and demand for data analysts, cyber-security experts, web developers, graphics design, content writers, quality control (software testing) that are still needed and the employment bank still has capacity for them. 

But sometimes people are just burn't out with corporate jobs and say, "Hey trade me jobs",because perhaps they want to  perhaps switch the pace? Perhaps, they just want to be a social worker because it means much to them to have the opportunity to give back to the community. While on the topic of non-remote jobs v remote job opportunities: have you ever thought of applying to Costco,or banks / financial institutions such as Wells Fargo careers, careers at Bank of America might be a possibility? If one exists in your neighborhood then, might it be a place worth considering applying to for your next job? Even better, have you ever thought about applying to a temp agency? because temporary employment agencies work pays fairly well and you get to try different jobs before you decide to settle into a job that resonates with you. Sometimes, we get so conditioned to seeking jobs just locally that we miss out on job opportunities out of state or opportunities to work abroad. Now I know what you are saying, "How do I find jobs abroad?" however, if you are a possibility thinker with a can-do determination might you want to look at overseas jobs on LinkedIn? I think the average job seeker is very intelligent and pragmatic. And what do I mean by that? Well for one, the demand may not presently exist for jobs in industries such as those that are hit by the economic downturn such as demand for waitressing jobs because not all restaurants might be able to operate perhaps at pre-pandemic levels in the way that they used to, however, restaurant food delivery business appears to be booming. 

Therefore, might there be an opportunity in food delivery business: DoorDash, Postmates, UberEats services are in demand. At the same time as I, discussed before the Airlines business has has been affected. For example Air hostess, or any sort of flight attendant or airlines related jobs or jobs related to the Cruise industry have recently experienced cut backs, however, the skills learnt in those industries are valued and can be re-applied to other industries such as client services in Tax resolution market niche, how possibly even call centers etc. 

And though all call center jobs may or may not perhaps pay better than the airlines or the cruise industry which may not be entirely accurate, the goal here is to find multiple streams of alternate income to supplement during tough times because people with the highest paying jobs while the economy was booming have seen their earnings drop significantly. 

One other industry where there seems to be a need in certain geographical areas is the security guard business. There are certain qualification required, however, once you receive the credentials you can avail yourself to another possible source of income part-time or full-time. 

Post Office jobs are possibly seeing some resurgence because as the holidays arrive there might be pent up demand in the postal service.package delivery, logistics industry niche. Express employment professionals are also in demand because when companies lay off full-time employees they rely on express employment professionals to temporary fill in vacancies i.e. the lack of "Manpower" however to be politically correct, might we use a gender-neutral term? such as "people-power"? instead of Manpower?

Before I go any further, if you have a college degree and are fresh out of college or a professional who is just having a tough time finding a job in the current economy, then I suggest that might you want to check out consulting opportunities such as Deloitte careers or your local office for Robert Half or any such nationwide recruiting firm that places people nationwide or worldwide? 

Speaking of worldwide jobs, might you want to check out potential jobs at the United Nations as they might have potential vacancies with someone with your skill-set perhaps? So, depending on your education, skills and training, whether your efforts entail applying for a remote Full Stack Developer, filling out a McDonalds job application, or picking up the phone and inquiring about vacancies at your local hospital or responding to the local job posting for a cashier position, if you are wondering is there are job opening near me? my answer is make the effort, every little step you take, every little move you make, will bring you one step closer to bringing in income that you seek. There is no denying that you hear that Disney is struggling with reopening its theme parks and that it might lay off 28,000 US employees as stated in this article of September 30th, 2020 (https://www.cnet.com/health/when-disneyland-disney-world-might-reopen-following-covid-19-closures-struggles-layoffs/), remember that you need just one job and that is for you. That should be your focus. Agreed? Consequently I suggest that you stay away from negative news, stay away from negative people, stay away from news about "doom and gloom". 

As a reminder to myself first and then to others, one should focus on what can be done, because, somewhere, some place, certain industries are thriving during these very economic conditions and your mission is to place yourself in a place to avail yourself of the opportunity.  

My mission here is that even if you benefit from getting just one idea where to look for non remote work or remote job opportunities, and are able to empower yourself towards possibility thinking, then I have served my purpose of making a difference in one person's life and hopefully that person might be you. 

To quote Dr. Schuller, "Tough times never last, tough people do."

Should You Pour Money Building A Full Featured App Or Website On An Untested Business Idea?

Should You Pour Money Building A Full Featured App Or Website On An Untested Business Idea?

There is a saying, that goes something like this,"If you build it, they will come?" - That might be a misstated line from a Hollywood movie. Actually, the correct line from the movie called, "Field of Dreams" (starring Kevin Costner) is, " If you built it, He will come." While the line might have worked in the movie," Field of Dreams", the reality is, that history is strewn with tales of companies that ended up pouring extensive amounts money building technology that few wanted it. In the end such advice: “If you build it, they will come”, has proved disastrous for many startups and even well established companies for that matter where sometimes millions of dollars are expended on ideas that we not properly vetted.

In my opinion (in most cases), pouring your money building a full featured app or website before confirmint whether or not any market deman exists, it unwise. Frequently, even experienced entrepreneurs, get so over-confident/enamored with "some" idea that they end up betting an extensive amount of money on an idea, only to sadly fail in the end because they failed to overlook a simple factor: There is no buyer for what they have built!
Consequently, entrepreneurs must balance their urge to be controlled by their emotions and waste money building a technology prior to eliciting pivotal feedback, guidance and direction from the market that is willing to pay for their solution. Entrepreneurs must ask simple yet fundamental questions, "who exactly will readily pay for this solution that we are building?". Furthermore, is our decision to build this service or product backed up by solid evidence?

It is my belief that each and every one of us is very capable of coming up with a perfectly monetizable idea. However, most of us were not taught the idea creation to monetization process that is involved. And, from time to time some of us come up with amazing business ideas. And deep down inside you feel pretty sure that "this idea" has potential for being the "next hottest idea", however, perhaps a small doubt begins to creep into your mind and you are not honestly sure if you should invest "oodles" of your own hard earned money, time and efforts into it, let alone other people’s hard earned money. Consequently, the idea stays permanently dormant in a person’s mind and never reaches fruition. Because, when it is all said and done, who wants to launch an idea that could have been “half-baked” and had a likely possibility of failing? None of us do, correct? Therefore, it makes common sense to avoid taking unnecessary risk by yourself or risks that are not in the best interests of potential investors. So you begin to wonder how you could minimize the risk of failure of your business idea.

You begin to wonder if there might be a way to atleast test your idea first? I mean, “testing” whether your idea is viable or not makes sense right? because, you would want to make sure first and foremost, that there is actual demand for your idea. And it has to do with minimizing the risk associated with investing hard earned cash of your own as well as the hard earned cash of your investors.

Possible Solution: And this simple concept of “testing”, is in my opinion, priceless in many ways. For example: If you are looking for investors to fund your startup, (in my opinion), I believe that nothing usually makes a believer out of potential investors than actual orders from real clients willing to pay for your services. However, you are going to rebut by saying that how can I get orders when my service/product doesn’t even exist?

Two possible way of testing if any demand exists for your idea can be achieved by:
a.) Starting a simple blog about the market segment where you foresee your target audience and calibrate if you are able to attract internet activity that leads to actual sales of something of value such as an ebook
OR
b.) By creating Landing Pages

1. Validate you idea: talk to your target audience first Before you even hire a software developer to write your first line of code it makes common sense to confirm that there exist actual paying clients for your product or service. In most cases, is it wiser to focus on a small but vital component that people will be willing to pay for; then build it, deliver it, build a customer base of your first paying clients, gain success that will hopefully validate that there is a market indeed for your idea and take it to the next step. Test and Validating your idea at every step is a crucial component to evolution/ eventual monetization of your business idea.

2. Could you build and deliver just one small but highly desired feature at a time? Should you develop your whole on-line service or product, it might make it fairly impossible to confirm which features/benefits your potential clients love or hate. By introducing new features/benefits, you will most likely be able to calibrate what your potential clients would be more than willing (and able) to pay for. Consequently, you will receive valuable insights that you will be able to build into future versions of your product/service. This practice takes the guesswork out and might save you immensely in terms of time, heartache, loss of wasted money on features that do not resonate with the needs of your target market.

3. Welcome feedback from your potential clients Throughout history, arrogance, over-confidence and egoistic behavior have led to the demise of many a company or an empire. As a humble reminder first and foremost to myself and fellow visionary entrepreneurs, I suggest being humble and listening to what the market is communicating and act upon the feedback received from the market.

In my opinion The Best Coffee and Best Bagel Breakfast Sandwich places in Ventura, California, USA

As you know, I like to explore our local cities, experience and share about random unique-wonderful places that I chance upon such as unique restaurants, amazing coffee shops, best bagel bakeries etc. Here is a coffee/bagel place that I wanted to share with you about, that I came across on Main Street in Ventura near CMH Hospital.

Bagel Rock Coffee,
2781 E. Main St., Ventura California, USA 93003
phone: (805) 648-7625
Website: http://bagelrockcoffee.com/
Google Maps: https://goo.gl/maps/AEHpTQk4A2BTTCS67

I believe that it is the simple pleasures in life that matter, such as a cup of freshly brewed coffee combined perhaps with a delicious breakfast bagel sandwich with cream cheese and freshly scrambled eggs. Therefore, I wanted to share with you about the best Bagel, Cheese and Egg sandwich and coffee (in my opinion) that I had the pleasure to enjoy in Ventura at a place called Bagel Rock Coffee.

... Saturday, September morning, I was cruising on my motorcycle along the Ventura freeway 101 North. And I thought to myself: why not exit Seaward to take a break and find a place to get a hot cup of coffee and perhaps a breakfast bagel at some bakery or coffee shop in Ventura? And I was thinking,"I wonder where's the best bagel shop or the best coffee shop near me?",you know, you can tell the best bagel shop in a community if you can spot the locals lined up for their coffee and bagels.

So after exiting Seaward and reaching Main street,I made another right turn onto Main Street in Ventura and was almost near the CMH Community Memorial Hospital neighborhood in Ventura.

It's like a ritual you know, where you wake up, brush your teeth shower, get dressed and stop by the coffee shop or your favorite bagel bakery near you. And lo and behold I found one right in the heart of Ventura: Bagel Rock Coffee. I don’t know what it was: perhaps it was the fresh quality of the toasted bagel+cream cheese topped with freshly scrambled eggs combined with the aroma of freshly brewed coffee. But I got to tell you that it sure hit the spot.

While most people crave an espresso or a latte,or a caramel macchiato, nothing makes me happier than a simple cup of plain black coffee. I mean don't get me wrong nothing wrong, there is nothing wrong in making a French Press Coffee at home or even ordering a macchiato or the frozen chocolate caramel drizzled coffee drinks that are popular these days. There are also a few of my friends who swear by Irish coffee, Americano,flat white, however, if you are a purist, then nothing beats the smell of freshly brewed black coffee. There's been a trend towards nespresso pods and aeropress and other kitschy gadgets, however nothing beats the ritual of going to this place that I love, because I get to meet my neighbors, office associates, people who work in the same vicinity as I do and I kind of like that familiarity of meeting and making friends while we are all lined up in the morning to have our cup of coffee at favorite coffeehouse. I like the small mom and pop coffee and bagel bakeries because they remind me of a long bygone era of old fashioned values, friendships and memories that we all treasure.

When fall has arrived, I like to celebrate the change in seasons by ordering a pumpkin latte, occasionally I love to find places that serve turkish coffee, armenian coffee. I mean don't get me wrong there's always a place for Starbucks, and speaking of Starbucks, hey I am sure you have heard about the Starbucks 16 oz color changing cups? Speaking of Starbucks,let me ask you a question? Are you the Starbucks Iced Caramel Cloud Macchiatoino type? or the Caffè Mocha type? Now, I know most people don't admit it; however, what I think it might be about frappuccino is the sweetness that is enticing to people who have a sweet-tooth don't you agree?

I often wonder how we go from coffee arabica, you know when times were simple to where coffee has evolved to "nitro cold brew coffee" and butter coffee? What do you think of butter coffee? Have you tried it?

In my opinion most people in cities and towns across America go to Coffee Bean and Tea Leaf or Starbucks or Peet's Coffee. However, MacDonald's is in the coffee business too and there appears to be quite a following for their coffee. The 7 Eleven coffee also tends to have a loyal following. So let me know what your favorite place is to get a coffee and bagel. It is the simple pleasures such as your favorite coffee along with your favorite bagel sandwich that put a smile on peoples faces.

It can be tricky finding a good bagel. I found the bagel at Bagel Rock Coffee to be baked to the point of perfection. The bagel was baked just right: it was soft inside and had a sort of crisp-crunchy outer crust combined with the perfect amount of chewiness.

In the meantime, try Bagel Rock Coffee. It is where I saw the regulars line up for their morning coffee and breakfast bagel. I loved it and I am sure you will too. I got to thinking that if you have a company breakfast event, might freshly baked bagels+cream cheese and coffee from Bagel Rock Coffee be the ideal breakfast for company meetings or holiday events?

Bagel Rock Coffee,
2781 E. Main St., Ventura California, USA 93003
phone: (805) 648-7625
Website: http://bagelrockcoffee.com/
Google Maps: https://goo.gl/maps/AEHpTQk4A2BTTCS67

Tax resolution

Tax resolution includes many tax regulatory services and goes by different names (FTB tax resolution, IRS tax dispute representation, tax relief, tax penalty mitigation, tax problem recovery, tax resolution, tax controversy). In summary, tax resolution is a service to help a tax payer resolve their debt in question with the FTB and/or the IRS in a way that reduces the debt amount as much as possible. For assistance with Tax Resolution/Tax Hardship cases, check out:
Mission Oaks Tax and Accounting:
1320 Flynn Rd. #302, 1st Floor
Camarillo, CA 93012
Office: (805) 482-1715 ext. 100
Fax: (805) 482-6615
Email: client.care@missionoakstax.com
Website: http://www.missionoakstaxandaccounting.com/

I would totally pay if there was such a service online

 

Always, remember, your family depends on you, your team depends on you, your community depends on you....hang in there, together let's figure out what can be done. We are determined to help your business, your community survive the economic effects of this COVID-19 pandemic and explore possible ways to not just survive, but also to thrive in the economic conditions that are soon to follow....

Harness the power of ONLINE RESOURCES, transform from a feeling of helplessness, to reach frontiers where others have only dreamt of... there are no easy solutions so don't let people prey on your fears, however, there are actions in your control that you can do to gain clarity such as those that enable you to make informed decisions based on facts, and atleast explore any possibilities of extending your runway so that you can do what is in your control to ensure that your business not only survives but possibly thrives during any particular set of economic conditions.

How we had to fight for our right to our own domain name ONLINERESOURCES.COM?

 How we had to fight for our right to our own domain name ONLINERESOURCES.COM?

https://www.wipo.int/amc/en/domains/decisions/html/2001/d2001-0257.html

WIPO

WIPO Arbitration and Mediation Center

 

ADMINISTRATIVE PANEL DECISION

Online Resources, Inc. v. On-Line Resources

Case No. D2001-0257

 

1. The Parties

The Complainant is Online Resources, Inc. located at 7600 Colshire Drive, McLean, Virginia 22101, USA, represented by Mintz Levin Cohn Ferris Glovsky and Popeo, P.C.

The Respondent is On-Line Resources located at 597 Wendy Drive, Newbury Park, California 91320, USA, proceeding pro se.

 

2. The Domain Name and Registrar

The domain name at issue is <onlineresources.com>. The domain name is registered with Network Solutions, Inc.

 

3. Procedural Background

Complainant filed its Complaint under the ICANN Uniform Domain Name Dispute Resolution Policy (the "Policy") with the World Intellectual Property Organization Arbitration and Mediation Center (the "Center") by e-mail on February 16, 2001, and in hardcopy on February 20, 2001. The Center verified that the Complaint satisfies the formal requirements of the Policy, the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"), and the Center�s Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules"). On March 7, 2001, the Center formally commenced this proceeding and set March 26, 2001 as the date for filing a Response.

On March 26, 2001, Respondent attempted to email its Response to the Center. It apparently experienced difficulties attaching its Response to the email, and sent multiple emails to the Center. The Center received ten separate emails, which included the Response. The Center acknowledged receipt of the Response by email dated March 28, 2001. On March 29, 2001, Respondent sent a "final completed version" of its Response to the Center.

On April 3, 2001, the Complainant filed a motion for default based on the contentions that Complainant had not received a copy of the Response as required by the Policy and that the submission of the "final completed version" of the Response on March 29, 2001, was untimely. Respondent replied that it had been experiencing e-mail difficulties throughout the relevant period, that it had attempted to send the Response to all parties, and that Complainant should have contacted it before April 3, 2001 to express its concerns.

Neither party requested a three-member panel. Accordingly, on April 18, 2001, after clearing for potential conflicts, the Center appointed David H. Bernstein as the sole panelist. The Panel has reviewed the Complaint and agrees with the Center�s assessment that it complies with the Policy, Rules and Supplemental Rules.

On April 23, 2001, following its initial review of the case file, the Panel issued an order requesting further submissions pursuant to Rule 12. The parties were asked to provide one or more affidavits providing details concerning (1) all communications, oral, written or electronic, between the parties prior to the filing of the Complaint in this proceeding, including, where available, copies of any letters, emails, or contemporaneous notes of telephone conversations; and (2) the content of the Respondent�s website at <onlineresources.com> (and, where available, screen shots of the website) both (i) prior to the first contact between the parties and (ii) after the first contact between the parties but before the filing of the Complaint. Both parties timely submitted affidavits by April 30, 2001. Pursuant to Rule 10(c), the Panel reset the date for expected decision to May 18, 2001.

 

4. Factual Background

Complainant is a Delaware corporation with its principal place of business in Virginia. It has used the service mark "ONLINE RESOURCES" in connection with online banking services since 1990. In May 1995, it received a United States service mark registration for the mark for "providing banking services accessed via an online transaction display screen telephone system."

Respondent is a California business. It registered the domain name in 1996.

 

5. Parties� Allegations

Complainant states that its registration constitutes prima facie evidence of its exclusive ownership of the mark "ONLINE RESOURCES" and that it has spent significant sums advertising and marketing its service under the mark, with the result that the mark is distinctive. Complainant further avers that the domain name is identical to its mark.

Complainant alleges that Respondent has no rights or legitimate interests in respect of the domain name at issue because: (1) Complainant�s trademark registration predates Respondent�s registration of the domain name; (2) Respondent is not Complainant�s licensee or otherwise authorized to use the mark; and (3) Respondent does not use the domain name to provide information regarding any goods or services that it offers or intends to offer.

The Complaint�s allegations of bad faith, in their entirety, are as follows:

"Upon information and belief, Respondent has acted in bad faith by registering the domain name ONLINERESOURCES.COM primarily for the purpose of selling the registration to Complainant or a third party in direct violation of paragraphs 4(a)(iii) and 4(b)(i) of the Policy."

"Upon information and belief, Respondent has never used the domain name ONLINERESOURCES.COM in connection with any products or services since registering the domain name in 1996."

"Upon information and belief, Respondent has registered the domain name ONLINERESOURCES.COM in order to prevent Complainant from using its mark ONLINE RESOURCES in a corresponding domain name, in direct violation of Paragraphs 4(a)(iii) and 4(b)(ii) of the Policy."

In its affidavit in response to the Panel�s request for additional submissions, the Complainant states that it attempted to access Respondent�s website before the pendency of this dispute, but found no website associated with the domain name at issue. Moreover, Complainant says that it attempted to contact Respondent via email and letter, but Complainant�s email was returned as undeliverable. Eventually, Complainant�s letter was forwarded to Respondent. The letter asked whether Respondent was interested in transferring the domain name to Complainant. In response, Respondent�s sole proprietor called Complainant. According to the Complainant, Respondent said that it had recently refused an offer to sell the domain name at issue for $100,000. Later, but before the Complaint was filed, Respondent put up a "placeholder" website that used the name "On-Line Resources" but did not offer any goods or services.

Respondent states that it has used "On-Line Resources" as a service mark in connection with information resources and software downloads via an online Bulletin Board System since the 1980s.

Respondent alleges that Complainant�s mark is generic, that Complainant in its registration specifically disclaimed exclusive rights to "Online" except as shown in the complete mark, that the registration uses an address different from Complainant�s, and that many registered marks include "Online Resources."

Respondent further submits that it has never claimed to be a banking service or used its name in that context. Respondent states that its site contains information regarding its products and services, and has done so since 1996. (At another portion of the Response, Respondent suggests that nonuse would be of no moment because it has a legitimate interest in securing a priority of right, and because the Policy does not prohibit leaving sites fallow for years without effective use.) Respondent claims that it has never attempted to cause confusion, but that Complainant has done so by allowing the publication of an article in CNET News that linked Complainant�s name to Respondent�s website. Respondent also states that Complainant�s multiple other domain name registrations, and its failure to register the domain name before 1996, prove that its interests are not impaired by Respondent�s registration of the domain name at issue.

Respondent disputes Complainant�s allegations of bad faith. It alleges that it did not register the domain name for purposes of sale, rental, or other transfer, but to reflect its business activities using a common term for such activities. Respondent claims that, because the term "online resources" is generic, the Panel may not infer that it registered the domain name in order to prevent Complainant from using its mark or to cause consumer confusion, and that it has not engaged in any pattern of abusive registration. It also claims that it was encouraged by an offer of a commission to place a banner ad for Complainant on its website, but that when it refused, Complainant "hijacked" the site by causing domain name servers to redirect traffic from <onlineresources.com> to Complainant�s website for two years.

Finally, Respondent requests that the Panel make a finding of reverse domain name hijacking because the Complaint constitutes an abuse of the administrative proceedings.

In its affidavit in response to the Panel�s request, Respondent agrees with most of Complainant�s factual statements, but states that it was experiencing technical difficulties during the period in which Complainant attempted to access its website, and that its site and associated email address came down for a period associated with a transfer to a different internet services provider. Respondent did not, however, provide any printout of the content of the site prior to its experiencing these technical difficulties. Respondent further states that Complainant�s ultimate success in contacting it demonstrates that there was no bad faith involved in having old contact information in the Network Solutions, Inc. registry, and that it could not control when the registry was updated. Respondent also states that it expressly told the Complainant�s attorney that it had no interest in selling the domain name.

 

6. Discussion and Findings

Before reaching the merits, the Panel first will address the Complainant�s motion for a default. The Panel denies that motion. Respondent, who is appearing pro se, made a good faith effort to submit its response by March 26, 2001, and did, indeed, submit a Response on that date. Respondent�s failure to contemporaneously send a copy of the Response to Complainant caused no prejudice as Respondent sent a copy shortly after it learned of Complainant�s non-receipt. As for the "final completed version" sent on March 29, 2001, it is not necessary for the Panel to decide whether to accept that Amended Response, because it is able to fully resolve this matter by considering only the March 26, 2001 Response. Thus, given Respondent�s good faith and the lack of prejudice to Complainant, the Panel accepts the Response and denies Complainant�s motion. Cf. Talk City, Inc. v. Robertson, Case No. D2000-0009 (WIPO Feb. 29, 2000).

The burden for the Complainant under paragraph 4(a) of the Policy is to prove:

(i) That the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;

(ii) That the Respondent has no rights or legitimate interests in respect of the domain name; and

(iii) That the domain name has been registered and used in bad faith.

In this case, the first element has been established. Complainant has a valid registration for "Online Resources" for services relating to online banking. Complainant�s registration gives rise to a presumption that its mark is valid and not generic as applied to banking services. Because Respondent has not offered any compelling evidence to rebut the presumption of validity, the Panel concludes that Complainant has trademark rights and that the domain name is identical to its mark. EAuto, L.L.C. v. Triple S. Auto Parts, Case No. D2000-0047 (WIPO Mar. 24, 2000).

Complainant has failed, however, to establish the second and third elements of the Policy. "Online Resources" is, as Respondent points out, a fairly descriptive term as applied to a number of different online services. Marks can vary in whether they are generic, descriptive, suggestive, or arbitrary depending on the goods or services to which they refer (compare "Apple" for apples, "Apple" for lipstick, and "Apple" for computers). In addition, Complainant has submitted no evidence that its mark has substantial commercial strength, such that a significant number of Internet users might well expect that any use of "Online Resources" is associated with Complainant.

Respondent avers that it has operated under the name "On-Line Resources" for over a decade. Although the Panel would have preferred to receive some documentary evidence to support this assertion, the allegation, bolstered by Respondent�s certification, is sufficient to show prior use of this name. At the minimum, Respondent�s evidence that it has offered computer-related services under this name is more persuasive than Complainant�s conclusory allegations to the contrary, and thus Complainant has failed to sustain its burden of proving a lack of any legitimate interest. Respondent�s registration of a domain name to reflect a business name descriptive of Respondent�s goods or services thus constitutes a legitimate use under � 4(c)(ii) of the Policy, absent evidence that the adoption of the business name itself was illegitimate.

As for the requirement of showing bad faith, the Complaint does not even come close. The Complaint does no more than recite the conclusory allegations that Respondent exhibited bad faith, hewing closely to the words of the Policy. Notably, the Complaint does not allege any facts that show bad faith.

Complainant, in response to the Panel�s request for further submissions, finally detailed its conversations with Respondent. In one such conversation, after Complainant expressed interest in acquiring the domain name, Respondent refused to sell the domain name and stated that he recently refused an offer for $100,000 for the domain name. If Respondent lacked a legitimate interest in the domain name, this might, depending on the context, be considered a veiled invitation to bid on the domain name, thus justifying an inference of bad faith. Policy � 4(b)(i). In the context of this case, though, this evidence falls far short of constituting a bad faith offer of sale. Because Complainant has not met its burden of showing that Respondent lacks a legitimate interest in the domain name, the name is a business asset whose price Respondent was free to negotiate, if that was what it was doing. See, e.g., Etam, plc v. Alberta Hot Rods, Case No. D2000-1654 (WIPO, Jan. 31, 2001); General Machine Products Co. v. Prime Domains, Case No. FA0001000092531 (NAF, filed Jan. 26, 2000). Moreover, Respondent�s owner states that he expressly told Complainant�s counsel that the name was not for sale. There is thus ample evidence in this record to support a finding that Respondent did not register the domain name for the purpose of selling it to Complainant.

Complainant also alleges that Respondent exhibited bad faith under � 4(b)(ii) of the Policy. That provision declares registration to be in bad faith if it is done "in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that [the registrant has] engaged in a pattern of such conduct" (emphasis added). Complainant presents no evidence whatsoever of any pattern; thus, its allegation "on information and belief" that Respondent violated paragraph 4(b)(ii) appears to be frivolous. Nor do the parties appear to be competitors, id. � 4(b)(iii), nor is there a scintilla of evidence that Respondent is trying to gain commercially by causing confusion, id. � 4(b)(iv).

 

7. Reverse Domain Name Hijacking

Respondent has asked the Panel to make a finding of attempted reverse domain name hijacking. Rule 1 defines reverse domain name hijacking as "using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name." See also Rule 15(e).

Although Complaints are certified and Panels may rely on the facts stated therein, conclusory allegations are, by themselves, inadequate because they provide no factual support for their assertions. Rather, Complainants must allege facts to support the assertions and, where available, should supplement these factual assertions with affidavit and documentary evidence.

In this case, the Complaint�s treatment of the legitimate use and bad faith elements of the Policy falls below any acceptable standard. The Complaint offered no specifics regarding Respondent�s website or Complainant�s communications with Respondent. The only specific allegations in the Complaint involved Complainant�s ownership of its mark. Given the facial deficiencies in the Complaint, the Panel called for further submissions to determine whether Complainant�s decision to file a Complaint was at all justifiable or whether it instead constituted an attempt at reverse domain name hijacking.

Complainant�s affidavit, submitted in response to the Panel�s request, reveals that Complainant may have had some basis for suspecting that Respondent was a cybersquatter. In its supplemental submission, Complainant revealed for the first time that it could not find a website associated with the domain name and had difficulty contacting Respondent during its investigations. Even if Respondent is not responsible for these difficulties, they provided a reasonable basis for Complainant to conclude that Respondent was not a legitimate business, especially when Respondent�s proprietor mentioned $100,000 in a conversation with Complainant�s representative. Without knowledge of Respondent�s past legitimate use, Complainant could reasonably have understood this statement as extortionate (although, if it did have that understanding, its failure to refer to these facts in the Complaint is inexplicable). Moreover, after receipt of Complainant�s initial letter, Respondent put up a "placeholder" website that still did not offer any goods or services, no doubt contributing to Complainant�s perception of cybersquatting. Thus, although the Panel was inclined to find reverse domain name hijacking given the paucity of proof in the Complaint, Complainant�s affidavit demonstrates that Complainant had at least some basis to believe that Respondent violated the Policy.

Accordingly, and without condoning the Complainant�s woefully inadequate Complaint, the Panel declines to find that Complainant engaged in attempted reverse domain name hijacking.

 

8. Decision

Complainant has failed to establish two of the three elements of the Policy: that Respondent lacks legitimate rights or interests in the domain name <onlineresources.com>, and that Respondent registered and is using the domain name in bad faith. The Panel therefore denies the Complainant�s request that the domain name be transferred from Respondent to Complainant.

 


 

David H. Bernstein
Sole Panelist

Dated: May 15, 2001