Generic Top Level Domain Name (gTLD) Decisions

The Complainant is Can't Stop Productions, Inc., New York, NY, USA ("Complainant"). The Respondent is Kevin Lussie, San Francisco, CA, USA ("Respondent").

The domain name at issue is "VILLAGEPEOPLE.ORG", registered with Network Solutions, Inc. ("NSI")

Honorable Carolyn Marks Johnson sits as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on 06/06/2000; The Forum received a hard copy of the Complaint 06/07/2000.

On 06/13/2000, NSI confirmed by e-mail to The Forum that the domain name "VILLAGEPEOPLE.ORG" is registered with NSI and that the Respondent is the current registrant of the name. NSI has verified that Respondent is bound by the Network Solutions Service Agreement Version 4.0 and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s UDRP.

On 06/21/2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of 07/11/2000 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via email, post and fax, and to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts by email.

On 07/11/2000, having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, The Forum transmitted to the parties a Notification of Respondent Default.

On 07/13/2000, pursuant to Complainant’s request to have the dispute decided by a Single Member panel, The Forum appointed Honorable Carolyn Marks Johnson as Panelist.

Having reviewed the communications records in the case file, the Administrative Panel (the "Panel") finds that The Forum has discharged its responsibility under Paragraph 2(a) of the Uniform Rules "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its Decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, The Forum’s Supplemental Rules and any rules and principles of law that the panel deems applicable, without the benefit of any Response from the Respondent.

The Complainant requests that the domain name be transferred from the Respondent to the Complainant.

A. Complainant

The Complainant contends that the Respondent has registered a domain name that is identical to and confusingly similar to its trademark registered for and in use by the Complainant. Further, the Complainant contends that the Respondent has no rights or legitimate interests to the domain name, and that the respondent has registered and is using the domain name in bad faith.

The Respondent submitted no response in this matter and, accordingly, all reasonable inferences of fact in the allegations of the Complaint will be deemed to be true.

The Complainant owns the copyrights to the musical works of the Village People, a famous singing group from the 1970’s. The Complainant also owns two registered trademarks for the mark VILLAGE PEOPLE: No. 1,101,013 (filed 11/17/1977) for entertainment services rendered by a musical and vocal group and No. 2,184,290 (filed 11/17/1993) for pre-recorded phonograph records, audio cassettes, audio tapes, and compact discs featuring music, vocals, and concert programs.

The Respondent registered the domain name in question on 09/22/1998. The website is inactive.

The Respondent also operates the website at the location <gratuitous.com/village-people>, which contains images, lyrics, and audio and video equipment that infringes on the Complainant’s copyrights and trademarks. On the website, the Respondent claims to have received authorization to display such material. The Complainant denies these assertions.

On 02/14/2000, the Complainant sent the Respondent an e-mail requesting that the Respondent cease unauthorized use of the domain name and transfer it to the Complainant. The Respondent never replied.

Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy ("Policy") directs that the complainant must prove each of the following three elements in order to demonstrate claims that a domain name should be cancelled or transferred:

(1) the domain name registered by the respondent is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(2) the respondent has no rights or legitimate interests in respect of the domain name; and

(3) the domain name has been registered and is being used in bad faith.

The Complainant has rights in the registered mark VILLAGEPEOPLE. The Respondent’s mark is identical to the Complainant’s registered mark, except for the addition of the domain name level designation "org". See Rollerblade, Inc. v. McCrady, D2000-0429 (WIPO June 25, 2000) (finding that the top level of the domain name such as "net" or "com" does not affect the domain name for the purpose of determining whether it is identical or confusingly similar).

The Complainant asserts that the Respondent has no rights or legitimate interests in the domain names in question. The Respondent asserts no rights or legitimate interests in the domain name in question. The failure of Respondent to produce evidence sufficient to rebut Complainant's allegations entitles the Panel to conclude that Respondent has no such rights or legitimate interests in respect of the domain name at issue. See Parfums Christian Dior v. QTR Corp., No. D2000-0023 (WIPO Mar. 9, 2000).

The Respondent has not responded to the Complaint and, therefore, cannot deny that the domain name was registered and is being used in bad faith, as alleged by Complainant.

The Respondent’s failure to develop the website within a two-year period raises the inference that the domain name was registered without bona fide intent to make good faith use of the domain name. See Mondich & Amer. Vintage Wine Biscuits, Inc. v. Brown d/b/a Big Daddy’s Antiques, D2000-0004 (WIPO Feb. 16, 2000). In addition, passive holding of a domain name reveals use of the domain name in bad faith. See Telstra Corp. v. Nuclear Marshmallows, D2000-0003 (WIPO Feb. 18, 2000).

Based on the preceding, the panel finds that the Respondent registered and used the domain name in bad faith.

Having established all three elements required by the ICANN Policy Rule 4(a), it is the decision of the panel that the requested relief be granted.

Accordingly, for all of the foregoing reasons, it is ordered that the domain name, "VILLAGEPEOPLE.ORG" be transferred from the Respondent to the Complainant.

Honorable Carolyn Marks Johnson

Dated: 07/27/2000