Generic Top Level Domain Name (gTLD) Decisions

The Complainant is ESPN, Inc., Bristol, CT, USA ("Complainant"). The Respondent is MySportscenter.com, Canada, ("Respondent").

The domain name at issue is "MYSPORTSCENTER.COM", registered with Tucows.com, Inc.

The Panelist certifies that he or she has acted independently and impartially and to the best of his or her knowledge, has no known conflict in serving as the panelist in this proceeding.

Herman D. Michels as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on 08/01/2000; The Forum received a hard copy of the Complaint on 08/01/2000.

On 08/04/2000, Tucows.com confirmed by e-mail to The Forum that the domain name "MYSPORTSCENTER.COM" is registered with Tucows.com and that the Respondent is the current registrant of the name.

On 08/07/2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of 08/27/2000 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts, and to postmaster@mysportscenter.com by e-mail.

On August 29, 2000, pursuant to Complainant’s request to have the dispute decided by a Single Member panel, The Forum appointed Herman D. Michels as Panelist.

The Complainant requests that the domain name be transferred from the Respondent to the Complainant.

A. Complainant

Complainant contends that it is the worldwide leader in sports and its flagship news program, SportsCenter, provides the most complete, accurate, analytical and entertaining presentation of the day’s sports news and highlights. It further claims that over the years, SportsCenter has built a reputation for excellence, with breaking news stories and investigative pieces, winning numerous Emmy and CableAce awards. Complainant contends that on or about February 26, 2000, Respondent registered MYSPORTSCENTER.COM with the registrar TUCOWS.COM, Inc. under the registration name WEBCMS.COM. On July 6, 2000, after learning of Respondent’s registration of the domain name, Complainant sent an e-mail and confirmation letter to Respondent advising it that SPORTSCENTER is a mark registered by Complainant with the Canadian Intellectual Property Office and the United States Patent & Trademark Office as well as comparable offices in other countries around the world. Complainant contends that Respondent’s use of the domain name infringes upon its SPORTSCENTER mark and that said domain name is identical or confusingly similar to its trademark or servicemark in which it has rights. Complainant further contends that Respondent does not have any rights or legitimate interests in the domain name and that it has registered and used the domain name in bad faith. Complainant therefore requests the transfer of the domain name MYSPORTSCENTER from Respondent toComplainant.

B. Respondent

Respondent contends that it has a legitimate interest in the domain name MYSPORTSCENTER.COM; that the domain name was not registered or used in bad faith, that there has been no infringement or dilution of the trademark of Complainant; and that it did not intend to sell or transfer the domain name to anyone. Respondent further contends that Complainant’s Sportscenter mark at its best is a variation of a genetic term "SPORTSCENTER" and that there are thousand of businesses and sports facilities that have "SPORTSCENTER" in their name and that the term does not relate exclusively to Complainant.

Complainant is a worldwide leader in sports and its flagship news program SportsCenter provides the most complete, accurate, analytical and entertaining presentation of the days sports, news and highlights. SportsCenter has built a reputation for excellence with breaking news stories and investigative pieces, winning numerous Emmy and CableAce awards. Along with SportsCenter International, SportsCenter delivers the world’s top sports news and information in over one hundred and forty countries throughout North America, Latin America, the Caribbean, Africa, Asia and the Middle East and is telecast in several languages including English, Spanish, Portuguese, Japanese and Mandarin and Cantonese Chinese. Complainant spends millions of dollars annually to advertise and promote its marks, including SportsCenter mark as embodied in its various business activities and through various media including its own television and radio networks, internet site and magazine as well as through other media throughout the world. Complainant’s SportsCenter mark has become famous throughout the United States and is universally recognized and relied on as identifying Complainant.

Complainant is the owner of the trademark SportsCenter which was registered by Complainant with the United States Patent and Trademark Office and the Canadian Intellectual Property Office as well as other similar offices in other countries around the world. For example, the service mark SportsCenter (reg.no. 1,368,399) was registered on October 29, 1985 for cable television broadcasting services and production of cable television entertainment and sports programs; the trademark SportsCenter (reg. no. 2,135,678) was registered on February 10, 1998 for wearing apparel and the service mark SportsCenter (reg. no. 1,627,702) was registered on December 11, 1994 for entertainment services in the nature of cable television programs, and the trademark SportsCenter (reg. no. 1,833,936) was registered on May 3, 1994 for computer and video game programs all with the United States Patent and Trademark Office. Additionally, the trademark SportsCenter (reg. no. TMA 476,184) was registered with the Canadian Intellectual Property Office on May 13, 1997 for computer and video game programs, entertainment services, namely sports, news and general interest information by computers among other things; the trademark SportsCenter (reg. no. 81888474) was registered in the Republic Federation of Brazil on April 27, 1999, and the trademark SportsCenter (reg. no. 983719) was registered with The People’s Republic of China for radio, cable television, cable broadcasting and communications services on April 14, 1997.

On February 26, 2000 Respondent registered MYSPORTSCENTER.COM with the registrar TUCOWS.COM, Inc. under the registrant name WEBCMS.COM. On July 6, 2000, after learning of Respondent’s registration of the domain name, Complainant sent an e-mail and confirmation letter to Respondent advising it that SportsCenter is a mark registered by Complainant and that the Respondent’s use of the domain name infringed upon the SportsCenter mark.

The Domain name MYSPORTSCENTER.COM registered by Respondent is confusingly similar to Complainant’s SportsCenter mark in that it simply contains the extra first person pronoun "my." Respondent’s domain name MYSPORTSCENTER.COM has a tendency to mislead the consuming public as to the source and origin of the services it is offering and suggests affiliation with Complainant that it does not have. Respondent does not have any rights or interests in the domain name MYSPORTSCENTER.COM. Complainant has the exclusive right to use its mark SportsCenter.

Respondent has registered the domain name MYSPORTSCENTER.COM and is using said name in bad faith. By using the domain name MYSPORTSCENTER.COM Respondent intentionally attempted to attract, for commercial gain, internet users to Respondent’s website or other online location, by creating the likelihood of confusion with Complainant’s mark SportsCenter as to the source, sponsorship, affiliation or endorsement of Respondent’s website or location or of a product or service on Respondent’s website or location. R4(b) iv.

Additionally, Respondent registered and used the domain name MYSPORTSCENTER.COM in bad faith by virtue of the fact that Respondent registered the domain name primarily for the purpose of disrupting the business of Complainant. See Rule 4(b)iii.

Respondent’s activities constitute an infringement of Complainant’s rights in its SportsCenter marks and has caused and will continue to cause substantial and irreparable harm to Complainant and its business reputation and good will.

Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy ("Policy") requires that the complainant must prove each of the following three elements to obtain an order that a domain name should be canceled or transferred:

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

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

(3) the domain name has been registered and is being used in bad faith.

The domain name MYSPORTSCENTER.COM registered by Respondent is confusingly similar to Complainant’s SportsCenter mark registered trademark and service mark registered with the United States Patent and Trademark Office and other similar offices around the world by Complainant and in which Complainant has all rights and interests.

Respondent does not have any substantial rights or legitimate interests in respect to the domain name MYSPORTSCENTER.COM.

Respondent has registered and used the domain name MYSPORTSCENTER.COM in bad faith.

Based upon the above findings and conclusions and pursuant to Rule 4(i) of the rules of the Uniform Domain Name Dispute Resolution Policy and the National Arbitration Forum’s Supplemental Rules of ICANN’s Uniform Domain Resolution Policy, I hereby order that: (1) the domain name MYSPORTSCENTER.COM registered by Respondent MYSPORTSCENTER.COM be transferred forthwith to Complainant ESPN, Inc.; and (2) Respondent MYSPORTSCENTER.COM shall cease and desist from any and all use of the domain name MYSPORTSCENTER.COM.