Generic Top Level Domain Name (gTLD) Decisions

The Complainant is Simple Shoes, Inc., Goleta, CA, USA ("Complainant"). The Respondent is Creative Multimedia Interactive, Irvine, CA, USA ("Respondent").

The domain name at issue is "SIMPLESHOE.COM", registered with Network Solutions, Inc. ("NSI").

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.

Judge Harold Kalina (Ret.) as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on 08/02/2000; The Forum received a hard copy of the Complaint on 08/02/2000.

On 08/03/2000, NSI confirmed by e-mail to The Forum that the domain name "SIMPLESHOES.COM" is 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 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, and to all entities and persons listed on Respondentís registration as technical, administrative and billing contacts by e-mail. It was also e-mailed to postmaster@simpleshoe.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 August 31, 2000, pursuant to Complainantís request to have the dispute decided by a single member panel, The Forum appointed Judge Harold Kalina (Ret.) 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.

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

The Complainant makes the following contentions.

B. Respondent

The Respondent submitted no response in this matter.

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 cancelled 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.

In the context of this case, the domain name in question is confusingly similar to the Complainantís marks. Adding the generic term "shoe" to the Complainantís registered mark does not avoid confusing similarity with the Complainantís registered mark and business trade name. See Marriott Intíl v. Café au lait, FA 93670, (Nat. Arb. Forum March 13, 2000) (finding that the Respondentís domain name <marriott-hotel.com> is confusingly similar to Complainantís mark "Marriott"). The Panel concludes that the domain name in question is confusingly similar to the Complainantís registered mark and trade name.

The Complainant contends that the Respondent has no rights to or legitimate interests in the domain name "SIMPLESHOE.COM". The Respondent has not submitted any evidence contrary to this assertion.

The Respondent has never been a dealer of SIMPLE shoes, has not registered "simpleshoe" as a trademark, and has not engaged in any legitimate trade or public service under the simpleshoe domain name. The Panel concludes that the Respondent has not met any of the circumstances that prove rights to or a legitimate interest in the domain name under Policy  4.c.

The Complainant contends that the Respondent used the domain name in bad faith. The Respondent has not submitted any evidence denying this assertion. See Hewlett Packard Co. v. Full System, FA 94637 (Nat. Arb. Forum May 22, 2000) (holding that Respondentís failure to offer any evidence permits the inference that the use of the Complainantís mark in connection with the Respondentís website is misleading).

The Respondent has used the domain name in question for a sexually explicit website. UDRP panels have held that linking a domain name, in which the Respondent has no rights or legitimate interests, to a pornographic site is evidence of registration and use in bad faith. See Ty, Inc. v. O.Z. Names, D2000-0370 (WIPO June 27, 2000) (finding that absent contrary evidence, linking the domain names in question to graphic, adult-oriented websites is evidence of bad faith); Youtv, Inc. v. Alemdar, FA 94243 (Nat. Arb. Forum Apr. 25, 2000) (finding bad faith where Respondent attracted users to his website for commercial gain and linked his website to pornographic websites); Oxygen Media, LLC v. Primary Source, D2000-0362 (WIPO June 19, 2000) (finding bad faith where Respondent threatened to develop the domain name in question into a pornography site). Where the Respondent has no rights or legitimate interests in the domain name in question, linking a domain name that is identical or confusingly similar to Complainantís mark to a pornographic site is evidence of registration and use 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 name, "SIMPLESHOE.COM", be transferred from the Respondent to the Complainant.