DOLLAR FINANACIAL GROUP, INC.
COMPLAINANT,

vs.

CHISHOLM INTERNET CONSULTANTS
RESPONDENT.

DECISION
Forum File No.: FA0005000094854

The above matter came on for an administrative hearing on June 19, 2000 before the undersigned on the Complaint of Dollar Financial Group, Inc., hereafter "Complainant", against Chisholm Internet Consultants, hereafter "Respondent". The Complainant was represented by counsel.  The Respondent did not file a response and was not represented.

            Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

Domain Name: USMONEYMART.COM

Domain Name Registrar: Alabanza/dba BulkRegister.com

Domain Name Registrant: Chisholm Internet Consultants

Date of Registration: March 22, 2000. 

Date Complaint Filed: May 19, 2000.

Date of Commencement of Administrative Proceeding: May 22, 2000.

Date of Response: Respondent did not file a response as required by Rule 5(a).

Remedy requested by Complainant: Transfer of Domain Name to Complainant.

            After reviewing the Complaint and determining it to be in administrative compliance, the National Arbitration Forum (The Forum) forwarded the Complaint to the Respondent 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 Alabanza/dba BulkRegister.com (Alabanza), the Internet Corporation for Assigned Names and Numbers (ICANN), and the Complainant that the administrative proceeding had commenced.

            The Respondent registered the domain name with Alabanza/dba BulkRegister.com, the entity that is the Registrar of the domain name.  By registering its domain name with Alabanza,  the Respondent agreed to resolve any dispute regarding its domain name through ICANN'S Uniform Domain Name Dispute Resolution Policy. 

FINDINGS OF FACT

1. The Complainant Dollar Financial Group, Inc. is the registered owner of the service mark MONEY MART and has used that mark since 1984.

2. The Respondent registered the domain name USMONEYMART.COM on March 22, 2000.

3. The domain name is not identifiable to any product, service or website managed or operated by the Respondent.

4. The Respondent's domain name USMONEYMART.COM is identical or confusingly similar to the Complainant’s established service mark.

5. The Respondent has no legitimate interests in respect of the domain name.

6. Respondent is a professional trader in domain names.  Using the pseudonym "noranda," Respondent presently offers 649 domain names for sale on the "Afternic" Internet domain name auction site. 

7. Respondent has registered many domain names that are confusingly similar to registered U.S. Trademarks such as "USCABLEVISION.COM", AND "ALLSTATEINSURERS.COM".

8. Respondent routinely seeks a minimum asking price of $5,000 for domain names on the "Afternic" site. 

9. Respondent's registration of domain names which are confusingly or substantially similar to registered service marks of others constitutes a pattern of conduct to register and sell domain names for consideration in excess of documented costs directly related to the domain name registration.

10. Following discovery of Respondent's domain name registration, Complainant demanded that Respondent cease and desist from use of the domain name.  Respondent's reply was to demand $2,500 for the transfer of the name to Complainant.

11. The Respondent's failure to file a response to the complaint, coupled with the fact that it listed the domain name for sale and attempted to sell to Complainant, as described above, permits an inference that registration of the domain name was done primarily for the purpose of selling or otherwise transferring the domain name registration to the Complainant, who is the owner of the service mark, for a valuable consideration in excess of any documented out-of-pocket costs directly related to the domain name.  This constitutes registration and use of a domain name in bad faith.

12. The Complainant's prayer for relief requests that the domain name USMONEYMART.COM be transferred from Respondent to Complainant. 

CONCLUSIONS

            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 makes the following findings and conclusions:

1. The domain name USMONEYMART.COM registered by Respondent on March 22, 2000, with Alabanza/dba BulkRegister.com is identical to or confusingly similar to Complainant's registered service mark in which the Complainant has rights, and to which the Respondent has no right or legitimate interests.

2. The domain name USMONEYMART.COM was registered and is being used in bad faith in that the Respondent registered the name primarily for the purpose of selling or otherwise transferring the domain name registration to the Complainant, who is the owner of the trademark or to a competitor for valuable consideration in excess of documented out-of-pocket costs directly related to the domain name.

DECISION

            Based upon the above findings and conclusions, and pursuant to Rule 4(I), it is decided as follows:

            THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME USMONEYMART.COM, REGISTERED BY RESPONDENT CHISHOLM INTERNET CONSULTANTS BE TRANSFERRED TO COMPLAINANT DOLLAR FINANCIAL GROUP, INC.

Dated: June 19, 2000, by Judge Daniel B. Banks, Jr.(Ret.), Arbitrator.