Generic Top Level Domain Name (gTLD) Decisions

The Complainant is ESPN, Inc., Bristol, CT, USA ("Complainant"). The Respondent is Players Sportsbook & Casino, Margarita, Venezuela, ("Respondent").

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

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.

Herman D. Michels as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on 08/10/2000; The Forum received a hard copy of the Complaint on 08/10/2000.

On 08/11/2000, NSI confirmed by e-mail to The Forum that the domain name "ESPNSPORTZONE.COM" 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 Servic e Agreement Version 5.0 and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s UDRP.

On 08/14/2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of 09/05/2000 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e -mail, post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts, and to postmaster@espnsportz one.com by e-mail.

On September 12, 2000, pursuant to Complainant’s request to have the dispute decided by a Single Member panel, The Forum appointed Herman D. Michels as Panelist.

The Complainant requests that the domain name be canceled.

A. Complainant

Complainant contends that it is the world’s premier multimedia sports information and entertainment company and that its ESPN-branded operations include an Internet site, four U.S.-based television networks (ESPN, ESPN2, ESPNEWS and ESPN Classic), vari ous international television networks, a television production company, the ESPN Radio Network, the ESPN Magazine and other related sports ventures. Complainant contends that on September 7, 1979, it launched it’s flagship network ESPN which is the larges t sports cable television network in the United States and reaches more than 77 million U.S. homes. It further contends that on October 1, 1993, it launched its second sports cable television network ESPN2, which is now distributed in over 67 million U.S. homes. Complainants ESPN and ESPN2 cover almost every sport imaginable and that it is recognized as the preeminent sports journalism organization in the world. Complainant also contends that it has an extensive international presence and distributes spor ts programming in 140 different countries throughout Latin America and the Caribbean, Africa, Asia and the Middle East and that its licensed programs and marks also reach Europe where they are distributed in 46 countries and in 15 different languages.

Complainant contends that in 1994, it pioneered the dissemination of sports news and information in the computer on-line world and that on October 4, 1994, it registered the domain name ESPN.COM with Network Solutions, Inc. for e-mail purposes. In Apri l of 1995, it launched the first Internet-based sports news and information related website under the domain name ESPN.SPORTSZONE.COM, which on September 3, 1998 became ESPN.COM.

Complainant contends that it owns an extensive number of registrations in the United States and throughout the world for its ESPN servicemark and trademark. Specifically, it has registrations with the United States Patent and Trademark Office for the E SPN name and logo for various categories of goods and services and that it has registered the ESPN mark in 82 other countries around the world, including Canada, St. Kitts, the European Community and Venezuela.

Complainant contends that it spends millions of dollars annually to advertise and promote its ESPN mark and that as a result the ESPN mark has become famous throughout the world and is universally recognized as identifying Complainant.

Complainant further contends that on or about June 9, 1998, Respondent registered the domain name ESPNSPORTZONE.COM with Network Solutions, Inc. After registering the domain name, Respondent began using it in connection with an on-line gambling website known as "Players Sportsbook and Casino," which site may also be accessed directly through the domain name http://www.playersonly.com. This domain name is also registered by Respondent.

Complainant contends that Respondent’s domain name ESPNSPORTZONE is confusingly similar to its ESPN marks in that it contains "ESPN;" that Respondent cannot demonstrate any legitimate use of the ESPNSPORTZONE.COM domain name, and that Respondent’s use thereof is injurious to it and stands as an anathema to everything for which Complainant stands.

Complainant further contends that Respondent has registered and is using the domain name ESPNSPORTZONE.COM in bad faith in that Respondent registered the domain name as a typographical error site hoping to ensnare unsuspecting Internet users who were s eeking Complainant’s website, redirecting them to Respondent’s gambling website. Thus, Complainant argues that Respondent has intentionally used a known mark worldwide so as to confuse and redirect Internet users to its website to spend money gambling and that Respondent has been unjustly enriched by the potential increase in users who are legitimately seeking a website operated by Complainant.

Complainant contends that Respondent does not have any rights to or legitimate interests in the ESPNSPORTZONE.COM domain name.

B. Respondent

Respondent contends that it registered the domain name with Network Solutions, Inc. on June 9, 1998 and that on August 18, 2000 it commenced cancellation of the domain name. Respondent therefore requests that the arbitration be stayed pending completio n of the cancellation process.

Since Complainant neither initiated the application for a stay of the arbitration pending completion of the cancellation process nor consented to Respondent’s request for a stay pending the cancellation of the domain name, Respondent’s application for a stay of the arbitration proceedings be and the same is hereby denied.

Complainant is the world’s premier multi-media sports information and entertainment company and its ESPN branded operations include an Internet site, four U.S. based television networks, specifically ESPN, ESPN2, ESPN NEWS AND ESPN CLASSICS, various in ternational television works, television production company, the ESPN radio network, ESPN the Magazine and other related sports ventures. Complainant’s flagship network ESPN was launched on September 7, 1979, and is the largest sports cable television net work in the United States reaching more than 77 million U.S. homes. Complainant’s second sports cable television network ESPN2 was launched on October 1, 1993, and is now distributed in over 67 million U.S. homes. ESPN and ESPN2 cover almost every sport i maginable. Complainant is also recognized as the preeminent sports journalism organization in the world and has an extensive international presence and distributes sports programming in 140 different countries throughout Latin American and the Caribbean, Africa, Asia and the Middle East as well as Europe.

On October 4, 1994, Complainant registered the domain name ESPN.COM with Network Solutions, Inc. for e-mail purposes and in April 1995, Complainant launched the first Internet based sports news and information related website under the domain name ESPN .SPORTSZONE.COM, which on September 3, 1998, became ESPN.COM.

Complainant owns an extensive number of registrations in the United States and throughout the world for its ESPN servicemark and trademark. Complainant has registrations in the United States Patent and Trademark Office for the ESPN name and logo for va rious categories of goods and services. The ESPN mark is also registered in 82 other countries around the world, including Canada, St. Kitts, the European community and Venezuela.

Complainant spends millions of dollars annually to advertise and promote its ESPN mark and as a result, the ESPN mark has become famous throughout the world and is universally recognized and relied upon as identifying Complainant.

On or about June 9, 1998, Respondent registered the domain name ESPNSPORTZONE.COM with Network Solutions, Inc. After registering the domain name, Respondent began using it in connection with an on-line gambling website known as "Players Sportsbook and Casino." This site may be accessed directly through the domain name http://www.Playersonly.com, which domain name is also registered by Respondent.

On July 11, 2000, after learning of Respondent’s registration of the domain name ESPNSPORTZONE.COM, Complainant sent Respondent an e-mail, a confirmation letter and fax advising that it owned and registered its ESPN mark and that Respondent’s use of th e domain name illegally traded on the valuable equity Complainant had developed in the ESPN mark. Complainant requested Respondent to either transfer or abandon the registration of the domain name ESPNSPORTZONE.COM.

The domain name registered by Respondent ESPNSPORTZONE.COM is confusingly similar to Complainant’s ESPN mark in that it contains the logo"ESPN" and is an attempt to take advantage of misspelling of Complainant’s domain name ESPN.SPORTSZONE.COM. Complai nant has the exclusive right to use ESPN.SPORTSZONE.COM.

Respondent does not have any rights or interests in the domain name ESPNSPORTZONE.COM and is using said name in bad faith. By using the domain name ESPNSPORTZONE.COM, Respondent intentionally attempted to attract for commercial gain Internet users to R espondent’s website or other location by creating the likelihood of confusion with Complainant’s mark ESPN as to the source, sponsorship, affiliation or endorsement of Respondent’s website or location or of a product or service on Respondent’s website or location. See Rule 4(b)iv.

Additionally, Respondent registered and used the domain name ESPNSPORTZONE.COM in bad faith by virtue of the fact that Respondent registered the domain name primarily for the purpose of disrupting the business of Complainant. See Rule 4(b)iii. Moreover , Respondent is unjustly enriched by a potential increase in users who are legitimately seeking a website operated by Complainant but mistakenly visited Respondent’s website.

Respondent’s activities constitute an infringement of Complainant’s rights in its ESPN marks and has caused and will continue to cause substantial and irreparable harm to Complainant and its business reputation and good will.

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 canceled 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 name ESPNSPORTZONE.COM registered by Respondent is confusingly similar to Complainant’s ESPN registered trademark and servicemark registered with the United States Patent and Trademark Office and other similar offices around the world an d in which Complainant has all rights and interests.

Respondent does not have any substantial rights or legitimate interests in respect to the domain name ESPNSPORTZONE.COM. See The Caravan Club v. Mrgsale, FA 95314 (Nat. Arb. Forum Aug. 30, 2000) (finding that the Respondent had no rights or legitimate interests in the domain name and that the domain name was registered in bad faith).

Respondent has registered and used the domain ESPNSPORTZONE.COM in bad faith.

Based upon the above findings and conclusions and pursuant to Rule 4(i) of the Rules of the Uniform Domain Name Dispute Resolution Policy and the National Arbitration Forum’s Supplemental Rules of ICANN’s Uniform Domain Resolution Policy, I hereby Order that (1) the domain name ESPNSPORTZONE.COM registered by Respondent Players Sportsbook & Casino, be canceled forthwith and (2) Respondent Players Sportsbook & Casino, shall cease and desist from any and all use of the domain name ESPNSPORTZO NE.COM.