Generic Top Level Domain Name (gTLD) Decisions

P. O. Box 50191
Minneapolis, Minnesota 55405 USA
www.arbitration-forum.com

COMPLAINANT

Michael A. Samuda

RESPONDENT

Chakwa Productions

File Number: FA0003000094376

This domain name dispute was heard by the undersigned Arbitrator pursuant to the ICANN Uniform Domain Name Dispute Resolution Policy upon the written submissions of the parties.

Procedural Findings

After reviewing the complaint and determining it to be in administrative compliance, the National Arbitration Forum ("Forum") forwarded the complaint to the Respondent in compliance with Rule 2(a) of the ICANN Rules for Uniform Domain Name Dispute Policy. The administrative proceeding was commenced pursuant to Rule 4(c). The Forum immediately notified Register.com. The Complainant elected to have the administrative proceeding conducted by a single arbitrator and paid the appropriate fee. The Complaint and the Response were docketed and forwarded to the Arbitrator for decision.

Findings of Fact

The Complainant and the Respondent are interested in web sites that post news that is of interest to wrestling fans. According to the Complainant, the domain name "Wrestlemaniacs.com" was registered to him for two years, but it was revoked by Network Solutions with no notice to him. The Complainant does not specify any dates for his registration, nor does he provide any explanation Network Solutions gave him for the revocation.

The Respondent states the site Wrestlemaniacs.com went blank in the fall of 1999 because the Complainant became employed by another entity and abandoned the site. According to the Respondent, the Complainant's Network Solutions registration expired because the Complainant failed to maintain the site and failed to pay his dues.

The Complainant obtained articles of incorporation from the Florida Secretary of State for WRESTLEMANIACS.COM INC., on March 31, 1999. There is no evidence, however, that the Complainant is the holder of a trademark or service mark for the name.

Conclusions

Under ICANN Policy 4(a), a complainant must prove three elements in order to obtain any relief. The first is that the respondent's domain name is identical to or confusingly similar to a trademark or service mark in which the complainant has rights. The Complainant has not presented any evidence that he has a trademark or service mark for WRESTLEMANIACS.

Decision

The Complainant's request that the domain name be transferred is DENIED.

Robert S. Brandt

Arbitrator

Date: April 27, 2000