Generic Top Level Domain Name (gTLD) Decisions

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

ARBITRATION BEFORE

THE NATIONAL ARBITRATION FORUM

REGARDING AN INTERNET DOMAIN NAME DISPUTE

International Speedway Corporation,

COMPLAINANT,

vs.

24/7,

RESPONDENT.

Forum File No.: FA 0004000094444

ADMINISTRATIVE PANEL DECISION

The above entitled matter came on for an Administrative Hearing before the undersigned on the Complaint of International Speedway Corporation ("ICS") against Respondent, 24/7 ("Respondent"). This matter has been brought under the Uniform Domain Name Dispute Resolution rules and policy adopted by the Internet Corporation for assigned names and numbers ("ICANN") and the rules for Uniform Name Dispute Resolution policy adopted by ICANN on October 24, 1999.

Complainant is represented by Robin L. McGrath, Esq., of Alston & Bird, 1201 W. Peachtree Street, Atlanta, Georgia 30309-3424; telephone number 404/ 881-7000; facsimile number 404/ 881-7777.

Respondent, 24/7's address is given as 1718 Peachtree Street, Suite 548, Atlanta, Georgia 30309. Respondent's contact is given as Carl White; telephone number 404/ 815-1888; facsimile number 404/ 815-7200 and e-mail address at Webmaster@webtickets.com.

Finding the Complaint to be in administrative compliance in accord with paragraph 4(a) of the Rules for Uniform Domain Name Dispute Resolution Policy ("the Rules") and paragraph 4 of the Supplemental Rules for Uniform Domain Name Dispute Resolution Policy ("the Policy"), and in accordance with Rules, paragraph 4(c) and (d), a copy of the Complaint was forwarded to the Respondent advising it that the formal date of the commencement of the administrative proceeding was April 17, 2000, and that it must submit a response within 20 calendar days to the Complainant and to the National Arbitration Forum. Upon having failed to do so, it is in default.

Finding no exceptional circumstances, the undersigned, pursuant to paragraph 5(e) of the Rules, will decide the pending issue on the allegations of the Complaint.

The registrar company with whom the domain name is registered is Network Solutions, Inc., whose address is 505 Huntmar Park Drive, Herndon, Virginia 20170.

Upon the unrefuted record, the undersigned finds the following facts:

The Complainant, ISC, is the organizer and promoter of the world famous and internationally recognized "DAYTONA 500®" stock car race, as well as numerous other well-known automobile and motorcycle racing events. ISC has used the service marks "DAYTONA 500®" AND "DAYTONA®" for more than 40 years prior to the institution of the instant proceedings.

The domain name which is the subject of the Complaint is "DAYTONA-500.COM" The trademarks / service marks upon which the instant Complaint is based are DAYTONA 500, DAYTONA, and DAYTONA INTERNATIONAL SPEEDWAY.

The record reflects that the Respondent uses the infringing domain name in connection with the operation of a web site through which users can purportedly buy or sell tickets to races at ISC's Daytona International Speedway and other NASCAR-sanctioned races. In addition to buying and selling tickets on the DAYTONA-500.COM web site, Respondent offers a "Link and Banner Program," through which participants place Respondent's banner on their web sites in exchange for (1) being listed as a "sponsor" of WWW.DAYTONA-500.COM; and (2) being paid a commission on all ticket sales that are made through the participant's site.

Respondent is not now, nor has it ever been, a licensee or Official Sponsor of ISC or an authorized user of the DAYTONA 500® mark.

The record reflects that the DAYTONA 500® mark is exclusively associated world-wide with ISC and its prestigious racing services. ISC's DAYTONA 500® race has been broadcast on radio and television continuously throughout the United States and the world since the 1970's. Hundreds of thousands of patrons attend the race.

The United States Patent and Trademark Office has granted ISC Federal service mark Registration No. 964,900 for the mark DAYTONA 500® covering "entertainment services, namely an annual automobile race, the entertainment being rendered through the medium of radio and television" and Federal trademark Registration No. 1,827,197 for the mark DAYTONA 500® covering numerous articles of clothing, games and other goods. Reg. No. 964,900 for the DAYTONA 500® has now, pursuant to § 15 of the Trademark Act of 1946, 15 U.S.C. § 1065, become incontestable. Pursuant to Section 33(b) of the Act, 15 U.S.C. § 1115(b), evidence of ISC's exclusive right to use the mark in issue is conclusive.

In addition to the DAYTONA 500® mark, ISC has developed an entire "family" of marks that consist in whole or part of the word DAYTONA and has obtained one or more federal trademark or service mark registrations for each of them, including, but not limited to the marks DAYTONA®, DAYTONA & Flags Design, DAYTONA USA®, DAYTONA INTERNATIONAL SPEEDWAY®, 24 HOURS OF DAYTONA®, DAYTONA 200®, DAYTONA PIT SHOP®, DAYTONA SPEEDWARE®, DAYTONA and DAYTONA SPEEDWEEKS® (hereinafter "ISC's DAYTONA® Family of Marks").

In addition to licensing its DAYTONA® Family of Marks in connection with a wide variety of goods and services, ISC also has entered into several "Official Sponsorship" agreements with various companies. These official sponsors receive the exclusive right, in their class of goods, to use the DAYTONA® Family of Marks, including the DAYTONA 500® mark, in connection with the promotion and advertisement of their products and to claim that they are an "Official Sponsor" of the Daytona International Speedway in their class of goods.

Section 4(b) of the Policy provides four alternative circumstances which, if any be found to be present, constitutes conclusive evidence that the registration and use of a domain name is in bad faith. Section 4(b)(iv) provides that:

by using the domain name, [Respondent has] intentionally attempted to attract, for commercial gain, internet users to [Respondent's] web site, or other on-line location, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation or endorsement of Respondent's web site or location or of a product or service on Respondent's web site or location.

The uncontroverted evidence before the undersigned is that the domain name in issue registered by the Respondent is identical or confusingly similar to a trademark or service mark in which Complainant ISC has rights, and that Respondent has no rights or legitimate interest in respect of the domain name in issue. In accord with the Policy and the evidence before me, I find that Respondent's registration and use of the domain name in issue has been in bad faith.

For the reasons herein stated and pursuant to the authority vested in the undersigned, it is

DIRECTED that the registration of the domain name "DAYTONA-500.COM" be forthwith transferred to the Complainant, International Speedway Corporation ("ISC").

The undersigned certifies that he has acted independently and has no known conflict in serving as the arbitrator in this proceeding.

Date: 5/22/00 Robert R. Merhige, Jr.

Retired Judge/Arbitrator