Generic Top Level Domain Name (gTLD) Decisions

The National Arbitration Forum
P.O. Box 50191
Minneapolis, Minnesota 55405 USA

Marriott International, Inc.
1 Marriott Drive
Washington, DC

Complaint

vs.

CafÈ au lait
981 First Avenue
New York, NY 10022

Respondant

FILE NO.: FA0002000093670

The above entitled matter came on for an administrative hearing on March 13, 2000, before the undersigned arbitrator in accordance with Rule 3(b)(i) of ICANN's Uniform Domain Name Dispute Resolution Policy and Rules. The arbitrator certifies that he has no conflict of interest in this matter. After due consideration of the written submitted record the following decision is made:

PROCEDURAL FINDINGS

Domain Name: marriott-hotel.com

Domain Registrant: CafÈ au lait

Date: May 17, 1998

Domain Registrar: Network Solutions

This action was initiated by Complainant's filing of its complaint with the National Arbitration Forum (The Forum) on February 7, 2000. Thereafter, following a compliance review made in accordance with ICANN Rule 4, all necessary parties were duly notified that the formal date of the commencement of the administrative proceeding was February 9, 2000. Respondent was advised that it would be considered in default if a response was not received by The Forum by March 3, 2000, including the consequences of defaulting.

FINDINGS OF FACT

By virtue of the Respondent's failing to respond it is now in default and the essential allegations of the complaint are deemed to be true, to wit:

(1) Marriott International, Inc. is the owner of numerous trademark registrations worldwide using the mark "Marriott", including Marriott Hotel. Such marks have been used continuously and extensively by Complainant since at least 1957.

(2) Marriott has invested substantial sums of money in developing and marketing its products and services.

(3) Complainant registered the trademark "Marriott Hotel" on May 8, 1984.

(4) The Respondent registered the domain name "marriott-hotel.com" on May 17, 1998.

(5) The Respondent is not in the hotel business, nor does it market any of the other products or services related to or connected with the Marriott name.

(6) The Respondent offered to sell the domain name to the Complainant for considerably more than the cost of acquiring the name.

CONCLUSION

(1) The domain name is identical to the Complainant's registered trademark "Marriott Hotel" and confusingly similar to the other Marriott marks.

(2) The Respondent does not have rights or legitimate interests in respect to the domain name in that it is being used to misleadingly divert consumers.

(3) The Respondent has intentionally attempted to attract, for commercial gain, internet users to its web site by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of Respondent's web site location.

(4) The Respondent has further demonstrated bad faith by offering to sell the domain name to the Complainant for valuable consideration in excess of its out-of-pocket costs directly related to the domain name.

DECISION

After carefully reviewing the submittals, it appears that the Respondent, CafÈ au lait, has acted in bad faith and, therefore, the "marriott-hotel.com" domain name should be transferred to the Complainant.

Louis Condon

Arbitrator