Generic Top Level Domain Name (gTLD) Decisions

Complainant is Hollywood Casino Corporation, Dallas, TX, USA ("Complainant"). Respondent is Online Casino Service, Ltd, Roseau, DM ("Respondent").

The domain name at issue is "THEHOLLYWOODCASINO.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 08/02/2000; The Forum received a hard copy of the Complaint on 08/03/2000.

On 08/03/2000, NSI confirmed by e-mail to The Forum that the domain name "THEHOLLYWOODCASINO.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 ICANN’s UDRP.

On 08/07/2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of 08/28/2000 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 Respondent’s registration as technical, administrative and billing contacts by e-mail. It was also e-mailed to postmaster@thehollywoodcasino.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 09/06/2000, pursuant to Complainant’s 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 Forum’s 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 name be transferred from Respondent to Complainant.

A. Complainant

B. Respondent

Complainant owns casinos that use the service mark and trade name "HOLLYWOOD CASINO" and that offer gaming, dining, bar services and entertainment. Complainant owns numerous U.S. trademarks using the Hollywood Casino name, including: "HOLLYWOOD CASINO" (No. 1,851,759) for casino services; "HOLLYWOOD CASINO" (No. 1,903,858) for hotel services; and, "HOLLYWOOD CASINO & DESIGN" (No. 1,849,650) for casino services.

Hollywood Casino has conducted extensive publicity and public relations for its casinos, including the "HOLLYWOOD CASINO" service mark and trade name. In view of the millions of customers that have visited Hollywood Casino’s gaming facilities, Hollywood Casino’s "HOLLYWOOD CASINO" service mark and trade name are famous and well known nationally.

Complainant is also the owner of the domain names "HOLLYWOODCASINO.COM" and "HOLLYWOODCASINOS.COM". Complainant’s HOLLYWOODCASINO.COM" web site promotes Hollywood Casino’s gaming facilities, and the dominant term "HOLLYWOOD CASINO" is prominently displayed and emphasized on the web site.

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

and,

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

Complainant has offered evidence in support of its claims. Respondent did not respond. The failure of Respondent to submit a response allows the inference that Complainant’s allegations are true. Policy ¶ 14(b). The failure to respond also supports the inference that Respondent knows that its web site is misleading and intentionally diverting business from Complainant. Id.

Respondent’s mark is confusingly similar to the Complainant’s mark. Respondent has merely added the word "THE" to the Complainant’s "HOLLYWOOD CASINO" trademark, intentionally creating confusion as to the source of the services provided at the Respondent’s web site. Policy 4¶ (a)(i).

Respondent has not asserted any rights or legitimate interest in the disputed domain name.

The domain name does not reflect a name by which Respondent is commonly known. Policy ¶ 4(c)(ii). Respondent has essentially usurped Complainant’s own mark to offer competing services.

Respondent is not using the domain name in dispute for a bona fide offering of services nor making a legitimate noncommercial or other fair use of the site. Policy ¶ 4(c)(i). Rather, Respondent is using the domain name to profit by trading upon the image associated with the "HOLLYWOOD CASINO" mark.

For these reasons the Panel holds that Respondent has no rights or legitimate interests in "THEHOLLYWOODCASINO.COM" domain name.

Respondent has not denied that it acted in bad faith when registering and using the disputed domain name.

Respondent registered and is using the domain name to intentionally attract Internet users to a third party’s (Respondent’s) web site for its own commercial gain, by creating a likelihood of confusion with Complainant’s mark as to the source of the services provided. Policy ¶ 4(b)(iv). Given Complainant’s well-known trademarks, Respondent knew that Complainant would lose customers and that business would be disrupted as a result of Respondent’s infringing web site. Policy ¶ 4(b)(iii).

Based on the facts cited above, the Panel finds that Respondent registered and is using the domain name "THEHOLLYWOODCASINO.COM" in bad faith.

Because Complainant has established all three elements required by Rule 4(a) of the ICANN Policy, the Panel grants the relief requested. It is ordered that the domain name "THEHOLLYWOODCASINO.COM" be transferred from Respondent to Complainant.

Honorable Carolyn Marks Johnson