Generic Top Level Domain Name (gTLD) Decisions

The Complainant is The J. Paul Getty Trust, Los Angeles, CA, USA ("Complainant"). The Respondent is Domain 4 Sale & Company, Sherman Oaks, CA, USA ("Respondent").

The domain names at issue are "GETTYMUSEUM.COM" and "GETTYSMUSEUM.COM", registered with Network Solutions Inc ("NSI").

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

Honorable Carolyn Marks Johnson sits as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on 07/20/2000; The Forum received a hard copy of the Complaint on 07/24/2000.

On 07/21/2000, NSI confirmed by e-mail to The Forum that the domain names, "GETTYMUSEUM.COM" and "GETTYSMUSEUM.COM", are registered with NSI and that the Respondent is the current registrant of the name. NSI has verified that Respondent is bound by the Network Solutions Service Agreement Version 5.0 and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANNís UDRP.

On 07/31/2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of 08/21/2000 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, and to all entities and persons listed on Respondentís registration as technical, administrative and billing contacts by e-mail. It was also emailed to postmaster@gettymuseum.com and postmaster@gettysmuseum.com.

Having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, The Forum transmitted to the parties a Notification of Respondent Default.

On 08/24/2000, pursuant to Complainantís request to have the dispute decided by a Single Member panel, The Forum appointed Honorable Carolyn Marks Johnson as Panelist.

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that The Forum has discharged its responsibility under Paragraph 2(a) of the Uniform Rules "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its Decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, The Forumís Supplemental Rules and any rules and principles of law that the panel deems applicable, without the benefit of any Response from the Respondent.

Complainant requests that the domain names be transferred from Respondent to Complainant.

A. Complainant

Complainant asserted the following claims:

B. Respondent

Respondent did not submit a response in this UDRP action. Because the Respondent has failed to submit a response to the Complaint based on the Policy, the Panel accepts as true all allegations set forth in the Complaint. ICANN Rules for Uniform Domain Name Dispute Policy ("Rules") 14.b.

Complainant is a non-profit, private foundation dedicated to the visual arts and humanities. Complainantís mission is to provide opportunities for the public to more fully understand, experience, value, and preserve artistic and cultural heritage. Complainant conducts programs at the J. Paul Getty Museum, commonly known as The Getty Museum or The Getty. Complainant has established a website at <getty.edu>.

Complainant also owns trademark registrations for the mark "The Getty" in the following countries:

Respondentís business was formed to register domain names and sell them to the highest bidder. Respondent has failed to make any use of these domain names.

On May 16, 2000, Complainant sent Respondent a cease and desist letter that explained the Complainantís rights in the domain names and enclosed a Registrant Name Change Agreement. Respondent has refused to transfer or cancel the domain names in question.

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

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

(2) 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.

Complainant has rights in the registered marks, "The J. Paul Getty Museum" and "The Getty." These marks are famous and well known in the arts and humanities fields. Any use of the marks by persons other than the Complainant is likely to raise confusion in the public between the Complainantís activities and other entitiesí activities.

The only difference in these domain names from Complainantís marks, is the addition of the term "museum" and the addition of the letter "s". The addition of a descriptive mark or one letter does not circumvent confusing similarity with the registered marks. See Nintendo of America, Inc. v. Lizmi, FA 94329 (Nat. Arb. Forum Apr. 20, 2000) (finding that Respondentís domain names <pokemon2000.com> and <pokemons.com> are confusingly similar to the Complainantís mark). The Panel finds that the domain names are confusingly similar to Complainantís trademarks.

Respondent, defaulting in the present proceeding, has not provided any evidence giving rise to a right or legitimate interest in the domain names. See CBS Broadcasting, Inc. v. LA-Twilight-Zone, D2000-0397 (WIPO June 19, 2000) (finding that Respondent has not demonstrated any rights or legitimate interests in the domain name in question).

Respondent is not commonly known by the domain names in question, which are primarily composed of the Complainantís marks. Policy  4.c.(ii).

Respondent has made no use of the websites that are located at the domain names at issue. Based on the Respondentís name, the Panel concludes that the Respondent registers domain names and then attempts to sell them for a profit. This is not a bona fide offering of goods or services in connection with the domain names or a legitimate noncommercial use of the domain names. Policy  4.c.(i), (iii).

The Panel concludes that the Respondent has no rights or legitimate interests in the said domain names.

Respondent has submitted no response denying registration and use of the domain name in bad faith.

Respondentís business name is "Domain 4 Sale & Company". Based upon this name, the Respondentís failure to develop the websites that correspond with the domain names, and Respondentís failure to respond to the Complaint, the Panel concludes that Respondent registered the domain names for the purpose of selling them for valuable consideration in excess of out of pocket costs related to the domain names. Policy  4.b.(i). This is evidence of registration and use in bad faith. See Microsoft Corp. v. Amit Mehrotra, D2000-0053 (WIPO Apr. 10, 2000) (finding that Respondent registered the domain name for the purpose of selling it, as revealed by the name Respondent chose for the registrant, "If you want this domain name, please contact me"); Parfums Christain Dior v. QTR Corp., D2000-0023 (WIPO Mar. 9, 2000) (finding bad faith where the Respondentís WHOIS registration information contained the words, "This is domain names (sic) is for sale.").

The Panel finds that the Respondent registered and used the domain names in bad faith.

Having established all three elements required by the ICANN Policy Rule 4(a), it is the decision of the panel that the requested relief be granted.

Accordingly, for all of the foregoing reasons, it is ordered that the domain names, "GETTYMUSEUM.COM" and "GETTYSMUSEUM.COM" be transferred from the Respondent to the Complainant.

Honorable Carolyn Marks Johnson