Generic Top Level Domain Name (gTLD) Decisions

Mrs. World Pageants, Inc.,
and
Mrs. America Productions, Inc.
COMPLAINANT,

vs.

Capital Placements, LTD
RESPONDENT.

DECISION
File Number: FA0003000094378

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 Complainant.  The Respondent did not respond.  The Complainant is represented by Steven J. Brodie, Cohen, Berke, Bernstein, Brodie & Kondell, P.A., 2601 South Bayshore Dr., 19^th Floor, Miami, FL 33133, Tel: 305-854-5900.  

Procedural Findings

Domain names: MRSAMERICA.ORG. and MRSWORLD.ORG.

Domain name registrar: Network Solutions and Alabanza, Inc., d/b/a Bulkregistrar.com

Domain name registrant: Capital Placements Ltd.

Date of domain registrations: February 5, 2000 and February 13, 2000.

After reviewing the complaint and determining it to be in administrative compliance,

the National Arbitration Forum (“Forum”) forwarded the complaint to the Respondent on 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 Network Solutions and Alabanza, Inc., d/b/a Bulkregistrar.com.

The Complainant elected to have the administrative proceeding conducted by a single arbitrator and paid the appropriate fee.  The Respondent did not respond.  The Complaint was docketed and forwarded to the Arbitrator for decision.          

Findings

Mrs. World and Mrs. America are beauty pageants featuring married women.  The Complainants hold registered trademarks for both names.  An entity identified as Crown Promotions, listing an address in Nevada, registered the domain name “MRSAMERICA.ORG” on September 3, 1999.  After the Complainant made a complaint about it, the domain name was transferred to the Respondent, Capital Placements Ltd. 

The Respondent has registered another domain name, DOCTORS2000.COM.  The contact person the Respondent listed with Network Solutions is shown as being at  Crown Productions.    

The address the Respondents provided for the domain registration for the two pageant name sites is the address of an agent in the Turks and Caicos Islands, British West Indies (TCI).  However, the telephone and fax numbers and the e-mail address are not in TCI, according to the agent.  In fact, they are the ones listed for Crown Promotions on the DOCTORS2000.COM registration.  The TCI agent has no knowledge of Crown Promotions.   

The Respondent has not used the sites.

Conclusions

The domain names are identical to the Complainant’s trademarks. The Respondent has no legitimate interest in the domain names.  The Respondent has registered the names in bad faith and is using them in bad faith.  

Decision

The domain names MRSWORLD.ORG and MRSAMERICA.ORG are transferred to the Complainant.

Date:  June 26, 2000                                        Robert S. Brandt, Arbitrator