Generic Top Level Domain Name (gTLD) Decisions

THE NATIONAL ARBITRATION FORUM
P. O. BOX 50191
MINNEAPOLIS, MINNESOTA 55405 USA

_______________________________________________
Hollywood Casino Corporation
13455 Noel Road, LB 48
Two Galleria Tower, Suite 2200
Dallas, TX 75240,

COMPLAINANT,

VS.

Global Interactive
Herbert Office Complex
Bird Rock Road
Basseterre, St. Kitts KN,

RESPONDENT.

Forum File No.: FA0002000094107

_______________________________________________

DECISION

The above-entitled matter came on for an administrative hearing on March 17, 2000 before the undersigned on the Complaint of Hollywood Casino Corporation, hereafter "Complainant", against Global Interactive, hereafter "Respondent". Complainant was represented by Arthur H. Seidel, 1800 Two Penn Center Plaza, Philadelphia, PA 19102. There was no representation on behalf of Respondent. Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDING

Domain Names: HOLLYWOOD-CASINO.COM

HOLLYWOOD-CASINO.NET

HOLLYWOODGOLDCASINO.COM

HOLLYWOODGOLDCASINO.NET

Domain Name Registrar: Network Solutions, Inc.

Domain Name Registrant: Global Interactive

Dates of Domain Registration: April 7, 1999; July 9, 1999; and July 14, 1999

Date Complaint Filed: February 17, 2000

Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a) and

Rule 4(c): February 21, 2000

Due date for a Response: March 15, 2000. Respondent did not submit a Response to the

Complaint.

After reviewing the Complaint, and determining it to be in administrative compliance, the National Arbitration Forum (The Forum) forwarded the Complaint to the Respondent on February 21, 2000 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 Network Solutions, Inc. (Network Solutions), the Internet Corporation for Assigned Names and Numbers (ICANN), and the Complainant that the administrative proceeding had commenced. Respondent did not submit a response to The Forum within twenty (20) days pursuant to Rule 5(a).

Respondent registered the domain names in dispute with Network Solutions as follows:

DOMAIN NAME DATE OF REGISTRATION

HOLLYWOOD-CASINO.COM 7 April 1999

HOLLYWOOD-CASINO.NET 7 April 1999

HOLLYWOODGOLDCASINO.COM 14 July 1999

HOLLYWOODGOLDCASINO.NET 9 July 1999

By registering the above domain names with Network Solutions, Respondent agreed to resolve any dispute regarding said names through ICANN'S Rules for Uniform Domain Name Dispute Resolution Policy and the Uniform Domain Name Dispute Resolution Policy.

FINDINGS OF FACT

1. The Complainant is the owner of casinos in Mississippi and Illinois which use the service mark and trade name "HOLLYWOOD CASINO" and which offers gaming, dining, bar services and entertainment. Complainant is also building a casino in Louisiana.

2. Complainant is the owner of eight (8) valid and subsisting registrations on the Principal Register of the U.S. Patent and Trademark Office using the name "HOLLYWOOD CASINO". Complainant also uses the mark "HOLLYWOODCASINO.COM" and "HOLLYWOODCASINO.NET" as domain names for its portal Web sites for its goods and services.

3. The Complainant has invested substantial sums of money in developing and marketing the name "HOLLYWOOD CASINO" both nationally and at its various locations.

4. Respondent is the owner of the domain names "HOLLYWOODCASINO.COM" and "HOLLYWOODCASINO.NET".

5. The domain names in question are identical or confusingly similar to the Complainant's registered domain names and its registrations with the U.S. Patent and Trademark Office.

6. The Respondent has no legitimate interests in respect of the domain names in question.

7. The Respondent registered the domain names "HOLLYWOOD-CASINO.COM", "HOLLYWOOD-CASINO.NET", "HOLLYWOODGOLDCASINO.COM" and "HOLLYWOODGOLDCASINO.NET" in bad faith. Evidence of bad exists in the fact that by using the domain names in question, Respondent has intentionally attempted to attract, for commercial gain, Internet users by creating a likelihood of confusion with the Complaint's mark as to the source, sponsorship, affiliation, or endorsement of the web sites or location of a product or service at its web site.

8. Complainant's prayer for relief requests that the domain names "HOLLYWOOD-CASINO.COM" and "HOLLYWOOD-CASINO.NET" be transferred from Respondent to Complaint and that the domain names "HOLLYWOODGOLDCASINO.COM" and "HOLLYWOODGOLDCASINO.NET" be cancelled.

CONCLUSIONS

The undersigned certifies that he has acted independently and has no know 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 names "HOLLYWOOD-CASINO.COM", "HOLLYWOOD-CASINO.NET", "HOLLYWOODGOLDCASINO.COM" and "HOLLYWOODGOLDCASINO.NET" are nearly identical and confusingly similar to the other HOLLYWOOD CASINO marks in which the Complainant has rights and to which the Respondent has no right or legitimate interests.

2. Respondent registered and used the domain names in question in bad faith in that it intentionally attempted to attract, for commercial gain, Internet users to its web site or other on-line location, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of its web site or of a product or service on its web site.

DECISION

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

1. THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAMES "HOLLYWOOD-CASINO.COM" AND HOLLYWOOD-CASINO.NET" REGISTERED BY RESPONDENT GLOBAL INTERACTIVE BE TRANSFERRED TO COMPLAINANT HOLLYWOOD CASINO CORPORATON.

2. THE UNDERSIGNED FURTHER DIRECTS THAT THE DOMAIN NAMES

"HOLLYWOODGOLDCASINO.COM" AND

"HOLLYWOODGOLDCASINO.NET" BE CANCELLED.

Dated: March 30, 2000, by Judge Daniel B. Banks, Jr. (Ret.), Arbitrator.

Daniel B. Banks, Jr.