Generic Top Level Domain Name (gTLD) Decisions

The Complainant is Gorstew Limited, Jamaica, & Unique Vacations, Inc., Florida, ("Complainant"). The Respondent is Full Spectrum Travel, Tucson, AZ, USA ("Respondent").

The domain name at issue is "SANDALSRESORT.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.

Judge Harold Kalina (Ret.) as Panelist.

Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on 08/16/2000; The Forum received a hard copy of the Complaint on 18/14/2000.

On 08/18/2000, NSI confirmed by e-mail to The Forum that the domain name "SANDALSRESORT.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 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 08/21/2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of 09/11/2000 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@sandalsresort.com by e-mail.

On September 18, 2000, pursuant to Complainant’s request to have the dispute decided by a Single Member panel, The Forum appointed Judge Harold Kalina (Ret.) as Panelist.

Respondent was notified by The Forum that in order to contest the claim made against it, Respondent had to file its Response not later than Monday September 11, 2000. On Wednesday September 13, 2000, The Forum received a response without any explanation for its failure to comply with the rules governing commencement of proceedings. The Forum’s notification to Respondent and The Code of Procedure Part II, Commencement of Arbitration, clearly set forth the procedure and Time Periods to contest a Claim. Respondent failed to meet those requirements. Having reviewed the communications record, the undersigned finds that The Uniform Rules "to employ reasonably available means calculated to achieve notice to Respondent". Therefore, the Panel may issue its Decision based on the documents timely 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. Accordingly the undersigned has elected to reject the late Response filed by the Respondent. However, in order to avoid a gross miscarriage of justice, a review of Respondent’s submission in opposition to the Claim was made by the Panel. The contentions set forth by Respondent in that filing are not sufficiently credible to deny Complainant the relief it seeks. Complainant has presented a clear and convincing claim.

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

A. Complainant

B. Respondent

In its untimely narrative response Respondent denies all allegations made by Complainant.

Gorstew is the owner of the trademark "SANDALS" for use in connection with hotel reservation services, sightseeing tours, and motor vehicle transportation. The "SANDALS" trademark was first used in 1981 and was registered to Gorstew in 1990 under the registration number 1614295. The "SANDALS" mark was registered in other classes in 1997 under the registration number 205432.

Through business and other arrangements, Gorstew has permitted the trademark to be associated with a chain of family oriented hotels, which do business under the "SANDALS" tradename.

Unique is a Florida corporation which serves as the worldwide representative for Sandals and provides marketing and reservation services. With permission from Gorstew, Unique has registered the domain names <sandalsresorts.com> and <sandals.com>. These are the only official websites sponsored by the Complainant.

The Respondent is a travel agent, selling, among other services, vacation packages to the Sandals Hotels. The domain name in question leads Internet users to a website operated by the Respondent.

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 Complainant has rights in the registered mark "SANDALS." The Respondent’s domain name contains the registered mark "sandals" in addition to the word "resort." The Respondent’s domain name is confusingly similar to the Complainant’s trademark and its registered domain name <SANDALSRESORTS.COM>. See State Farm v. Kaufman, FA 94335 (Nat. Arb. Forum April 24, 2000) (finding that <statefarmdirect.com> is confusingly similar to Complainant’s registered mark).

The Complainant contends that the Respondent has no rights or legitimate interests in the domain name.

The fact that the Respondent is a travel agent and sells Sandals vacations does not give it any interest or right to register the "Sandals" trademark, which it does not own or have a license to use, as a domain name and lead users to believe that the website is sponsored by an entity that owns the Sandals Hotels. The Respondent is not commonly known by the "Sandals" mark. Policy ¶ 4.c.(ii). The Respondent has not offered evidence that is has any rights or legitimate interests under Policy ¶ 4.c. Therefore, the Panel concludes that the Respondent has no rights or legitimate interests in the domain name.

The Complainant contends that the Respondent has registered and used the domain name in bad faith. The Respondent has not denied this assertion.

The Respondent’s website leads Internet users to believe that the Respondent’s website is the official home page of Sandals Hotels. Attracting Internet users to a website by creating confusion with the Complainant’s marks as to the sponsorship of the site is evidence of bad faith. Policy ¶ 4.b.(iv). See Busy Body, Inc. v. Fitness Outlet, Inc., D2000-0127 WIPO Apr. 22, 2000) (finding bad faith where the Respondent attempted to attract customers to its website, <efitnesswholesale.com>, and created confusion by offering similar products for sale as the Complainant), Travel Services, Inc. v. Tour Coop of Puerto Rico, FA 92524 (Nat. Arb. Forum Feb 29, 2000).

Therefore, the Panel concludes that the domain name was registered and used 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, "SANDALSRESORT.COM, be transferred from the Respondent to the Complainant.