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Generic Top Level Domain Name (gTLD) Decisions |
MRS. WORLD PAGEANTS, INC.,
COMPLAINANT,
vs. CROWN PROMOTIONS
RESPONDENT. DECISION
______________________________________
The above entitled matter came on for an administrative hearing on April 20, 2000, before the undersigned on the Complaint of Mrs. World Pageants, Inc., hereafter "Complainant", against Crown Promotions, hereafter "Respondent". Complainant was represented upon the written submitted record by Steven J. Brodie, Cohen, Berke, Bernstein, Brodie & Kondell, P.A., 2601 South Bayshore Dr., 19th Floor, Miami, FL 33133. A written Response -- apparently on behalf of Respondent was filed by Sandra J. Rennert, President of Best of America, Inc. Mrs. Rennert is listed as the contact person for the disputed domain name by Network Solutions. Upon the written submitted record, the following DECISION is made:
PROCEDURAL FINDINGS
Due date for a Response: April 12, 2000
After reviewing the Complaint, and determining it was not in administrative compliance, the National Arbitration Forum (The Forum) required that Complainant correct the deficiencies within five days, which was done. The Forum then forwarded the Complaint to Respondent in compliance with Rules 2(a) and 4(a), and the administrative proceeding was commenced pursuant to Rule 4(c). In compliance with Rule 4(d), the Forum immediately notified Network Solutions, Inc., the Internet Corporation for Assigned Names and Numbers (ICANN), the Complainant and the Respondent that the administrative proceeding had commenced. Respondent did submit a response to the Forum within twenty (20) days pursuant to Rule 5(a).
Respondent registered the domain name "mrsworld.net" with Network Solutions, the entity that is the Registrar of the domain name. Network Solutions verified that Respondent is the Registrant for the domain name "mrsworld.net", and that further by registering its domain name with Network Solutions, Respondent agreed to resolve any dispute regarding its domain name through ICANNs rules for Uniform Domain Name Dispute Resolution Policy, and the Uniform Domain Name Dispute Resolution Policy.
FINDINGS OF FACT
CONCLUSIONS
4. The evidence is conclusive as to the first two elements set out at Paragraph 4 of the ICANN Policy. First, it is clear that Respondents domain name is identical to the Mark (or, if the absence of punctuation is significant, and I do not find it to be significant), the domain name is "confusingly similar" to the Mark. Paragraph 4(a) (i). Respondent has certainly shown no "rights or legitimate interests in respect of the domain name. Paragraph 4 (a) (ii).
5. The evidence also supports a finding that the domain name was "registered and is being used in bad faith." Paragraph (4)(a)(iii). Here, the provisions of Paragraph 4 (b) of the ICANN Policy provide guidance. Bad faith may be shown by demonstrating that use of the domain name involves an attempt "to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the [C]omplainants mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service." Paragraph (4) (b)( iv).
DECISION
Based upon the above findings and conclusions, and pursuant to Rule 4(i), it is decided as follows:
THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME "mrsworld.net" REGISTERED BY RESPONDENT BE TRANSFERRED TO COMPLAINANT.
Dated: April 24, 2000, by R. Glen Ayers, Jr. (formerly United States Bankruptcy Judge), Arbitrator
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