Generic Top Level Domain Name (gTLD) Decisions

HOLLYWOOD CASINO CORPORATION
COMPLAINANT,

vs.

B. F. LLC
RESPONDENT.

DECISION
Forum File No.  FA0005000094733

The above-entitled matter came on for an administrative hearing on June 16, 2000 before the undersigned on the Complaint of Hollywood Casino Corporation, hereafter “Complainant," against B. F. LLC, hereafter “Respondent."  Complainant was represented by Seidel, Gonda, Lavorgna & Monaco, P.C..  Upon the written submitted record, the following Decision is made:

PROCEDURAL FINDINGS

Domain Name:  casinohollywood.com

Domain Name Registrar:  Network Solutions, Inc.

Domain Name Registrant:  B.F. LLC

Dates of Domain Registration:  December 10, 1997

Date Complaint Filed:  May 3, 2000

Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a) and Rule 4(c):  May 9, 2000

Response Filed:  May 27, 2000

After reviewing the Complaint, and determining it to be in administrative compliance, the National Arbitration Forum (The Forum) forwarded the Complaint to the Respondent on May 9, 2000, in compliance with Rule 2(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. ("Network Solutions"), the Internet Corporation for Assigned Names and Numbers ("ICANN"), 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).  The Complainant filed a Supplemental Statement on June 6, 2000.

Respondent registered the domain name in dispute with Network Solutions on December 10, 1997.  By registering the foregoing domain name with Network Solutions, Respondent agreed to resolve any dispute regarding said name through ICANN’S Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") and the Uniform Domain Name Dispute Resolution Policy (the "Policy").

FINDINGS OF FACT

1. The Complainant is the owner of casinos in Illinois and Mississippi which use the service mark and trade name “HOLLYWOOD CASINO” and which offer gaming, dining, bar services and entertainment.  These casinos have operated in Illinois and Mississippi since 1993 and 1994 respectively.  Complainant is also building a casino in Louisiana.

2. Complainant is the owner of eight (8) valid and subsisting registrations on the Principal Register of the U. S. Patent and Trademark Office using the name “HOLLYWOOD CASINO."  Complainant also uses the mark “HOLLYWOODCASINO.COM” and “HOLLYWOODCASINO.NET” as domain names for its portal Web sites for its goods and services.

3. The Complainant has invested substantial sums of money in developing and marketing the name “HOLLYWOOD CASINO” both nationally and at its various locations.

4. Respondent is the owner of the domain name “CASINOHOLLYWOOD.COM”

5. The domain name in question is identical or confusingly similar to the Complainant’s registered domain names and its registrations with the U.S. Patent and Trademark Office.

6. It is very likely that a consumer who uses the Casino Hollywood online gaming would believe that the web site was sponsored or authorized by Hollywood Casino because the names Hollywood Casino and Casino Hollywood are confusingly similar.

CONCLUSION

            The undersigned certifies that he has acted independently and has no known conflict of interest to serve as the Arbitrator in this proceeding.  Having been duly selected, and being impartial, the undersigned concludes that Respondent has registered and used the domain name "CASINOHOLLYOOD.COM" in bad faith in that it intentionally attempted to attract, for commercial gain, Internet users to its 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 its web site or of a product or service on its web site.

DECISION

            Based upon the above findings and conclusions, and pursuant to Rule 15, it is decided that the domain name “casinohollywood.com” registered by respondent B.F. LLC be transferred to complainant Hollywood Casino Corporation.

DATED this 16^th day of June, 2000.            Bruce E. Meyerson, Arbitrator