Generic Top Level Domain Name (gTLD) Decisions

The Complainant is Gamesville.com, Inc., Watertown, MA, USA ("Complainant"). The Respondent is John Zuccarini, Andalusia, PA, USA ("Respondent").

The domain names at issue are "GAMESVILLES.COM", "GAMESVILLE.COM, "GAMESVILL.COM", "GAMESVLLE.COM", "GAMEVILE.COM", AND "GAMEVILL.COM", registered with CORE Internet Council of Registrars ("CORE").

The Panelist certifies that he or she has acted independently and impartially and to the best of his or her knowledge, has no known conflict in serving as the panelist in this proceeding.

Hon. James A. Carmody, as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on July 27, 2000; The Forum received a hard copy of the Complaint on July 27, 2000.

On August 3, 2000, CORE confirmed by e-mail to The Forum that the domain names are "GAMESVILLES.COM", "GAMESVILLE.COM, "GAMESVILL.COM", "GAMESVLLE.COM", "GAMEVILE.COM", AND "GAMEVILL.COM" are registered with CORE and that the Respondent is the current registrant of these names.

On August 3, 2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of August 23, 2000 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, and to all entities and persons listed on Respondentís registration as technical, administrative and billing contacts by e-mail. It was also e-mailed to postmaster@gamesvilles.com, postmaster@gamesville.com, postmaster@gamesvill.com, postmaster@gamesvlle.com, postmaster@gamevile.com, and postmaster@gamevill.com.

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 August 29, 2000, pursuant to Complainantís request to have the dispute decided by a Single Member panel, The Forum appointed the Hon. James A. Carmody as Panelist.

Having reviewed the communications records, 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 Forumís 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 names 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 marks 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.

B. Respondent

The Respondent submitted no response in this proceeding before the Panel. Accordingly, all reasonable inferences of fact in the allegations of the Complaint will be deemed true.

The Complainant is the owner of the GAMESVILLE trademark and the GAMESVILLE.COM trademark application. The Complainant has rights in these marks.

The domain names redirect users to sites that trap them within a number of advertisement web pages. The user must close many advertisement "pop-up" windows before he or she can move on.

Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy ("Policy") requires that the complainant must prove each of the following three elements to obtain an order 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;

(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 domain names in question are confusingly similar to the Complainantís marks. The Respondent has registered domain names that represent likely spelling and typographical errors of the Complainantís marks. See America Online, Inc. v. Tencent Communications Corp., FA 93668 (Nat. Arb. Forum Mar. 21, 2000) (finding that <oicq.net> and <oicq.com> are confusingly similar to Complainantís mark, ICQ). The Respondent has registered these confusingly similar variations of the Complainantís marks so that Internet users attempting to reach the Complainantís site are redirected to websites associated with the Respondent.

The Complaint contends that the Respondent has no rights or legitimate interests in the domain names in question. The Respondent has not denied that contention.

The Respondent is not commonly known by the GAMESVILLE marks. Policy  4.c.(ii). Rather, the Respondent is known by multiple pseudonyms, including Cupcake Party, Country Walk, Cupcake Patrol, Cupcake City, and Cupcake Confidential.

The Respondentís use of the domain names to trap Internet users in advertising pop-up windows is not a bona fide offering of goods or services nor a legitimate noncommercial use of the domain names. Policy  4.b.(i) ń (iii).

The panel concludes that the Respondent has no rights or legitimate interests in the domain names in question.

The Complainant contends that the Respondent registered and used the domain names in bad faith.

The Respondent is commonly known as a "typo domain name pirate", registering domain names comprising of misspelled variations on well-known trademarks. He has been a party in numerous UDRP actions. Three previous panel decisions found the Respondent to have registered and used the domain names in bad faith. See Bama Rags, Inc. v. John Zuccarini, d/b/a/ Cupcake Confidential, FA 94380 and FA 94381 (Nat. Arb. Forum May 8, 2000) (finding bad faith based on registration and commercial use of "typo" versions of the trademark DAVE MATTHEWS BAND); Hewlett-Packard Company v. John Zuccarini, FA 94454 (Nat. Arb. Forum April 7, 2000) (finding bad faith based on registration and use of "typo" version of the trademark HEWLETT-PACKARD); Encyclopedia Britannica, Inc. vs. John Zuccarini, a/k/a The Cupcake Patrol, a/k/a The Country Walk, a/k/a Cupcake Party, D2000-0330 (WIPO June 7, 2000) (finding bad faith based on registration and use of "typo" versions of the trademarks BRITANNICA and ENCYCLOPEDIA BRITANNICA).

Respondent has engaged in a pattern of conduct of registering domain names in order to prevent the owner of the trademark from reflecting the mark in a corresponding domain name. Policy  4.b.(ii). This is evidence of registration and use in bad faith. See BIC Deutschland GmbH & Co. KG v. Tweed, D2000-0418 (WIPO June 20, 2000) (finding that the Respondent violated  4(b)(ii), as revealed by the number of other domain name registrations incorporating othersí trademarks and the fact that the domain names in question do not link to any on-line presence or website). The Panel concludes that the Respondent registered and used the domain names 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 names "GAMESVILLES.COM", "GAMESVILLE.COM, "GAMESVILL.COM", "GAMESVLLE.COM", "GAMEVILE.COM", AND "GAMEVILL.COM" be transferred from the Respondent to the Complainant.