Generic Top Level Domain Name (gTLD) Decisions

P. O. Box 50191
Minneapolis, Minnesota 55405 USA

BEFORE THE NATIONAL ARBITRATION FORUM

Complainant:

Richard Atlas

Venus Swimwear, Inc.

11711 Marco Beach Dr.

Jacksonville, FL 32224

email: Ratlas@venusswimwear.com)

(904) 645-6000 (Telephone)

(904) 645-5370 (Facsimile)

Respondent:

The GBC

Parque del Las Fuentes #2208

RIO PIEDRAS, P.R. 00918

email: no.valid.email@WORLDNIC.NET

(787) 758-8711 (Telephone)

(787) 758-8711 (Facsimile)

File Number: FA0003000094234
Filing Date: March 2, 2000

DOMAIN NAME DISPUTE ADMINISTRATIVE PANEL DECISION

Domain Name(s): "venusswimwear.net"

Domain Name Registrar: Network Solutions, Inc.

Date of domain name registration: 12/22/99

Date Complaint was sent to Respondent in accordance with Rule 2(a): March 2, 2000

Response Due Date: March 27, 2000

Response Date: March 29, 2000

PROCEDURAL FINDINGS

On March 2, 2000 the Complainant, , filed its complaint with the National Arbitration Forum ("The Forum") pursuant to the Uniform Domain Name Dispute Resolution Policy adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"). After reviewing the Complaint for administrative compliance, The Forum transferred the Complaint to the Respondent, Targon Domain, 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, ICANN and the Complainant that the administrative proceeding had commenced.

The Respondent registered the domain name with Network Solutions, the entity that is the Registrar of the domain names. By registering its domain name with Network Solutions, the Respondent agreed to resolve any dispute regarding its domain name through ICANN’s Uniform Domain Name Dispute Resolution Policy.

The Complaint is based on the following trademark(s) or service mark(s):

VENUS SWIMWEAR, Trademark Reg. No. 1,372,695 Ser No. 73-514,938 filed 12-24-

1984 For: Swimwear, In Class 25 (U.S. CL. 39) Registered November 26, 1985, OG Date June 25, 1991

VENUS, Service Mark Reg. No. 1,716,687 Ser. No. 75-433,389 Filed 2-12-1998 For:

Entertainment Services in the nature of Preliminary and Final Beauty Pageants In Class 41 (U.S. CLS. 100, 101 and 107) Registered August 10, 1999

The above-captioned matter came on for an administrative hearing on April 11, 2000 before the Honorable Charles K. McCotter, Jr. (Ret.), Arbitrator. The Complainant represents itself. The Respondent is represented by the Law Offices of Omar I Arill Vizcarrondo, Cond. Paisajes del Escorial, 150 Blvd. de la Media Luna, Apt. 1508, Carolina, P.R. 00987-4913 This matter is submitted for decision in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the "Policy") and Rules (the "Rules"). Upon the written submitted record, and the following findings and conclusions, I find for the Respondent.

FINDINGS OF FACT

1. The Complainant makes the following allegations:

2.The above allegations are the only allegations made in support of the Complainant’s Complaint.

3.The Respondent alleges that before receiving notice of this Complaint that it had created a special fashion and bathing suit show named "Venus", that the domain name was bought for the sole purpose of promoting this event, and that it has no intent to mislead or divert consumers or to tarnish the Complainant’s trademark. The Respondent denies registering the domain name for the purpose of selling it for a profit or to dilute the name of Venus Swimwear.

CONCLUSIONS

Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following:

1) the domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights.

2) that 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 failed to show the second and third elements.

DECISION

I certify that I have acted independently and have no known conflict of interest to serve as the arbitrator in this proceeding. Having been duly selected and being impartial, I enter the following decision:

Based upon the above findings and conclusions, I find in favor of the Respondent. Therefore, the relief requested by the Complainant pursuant to Paragraph 4.i of the Policy is Denied. The Respondent shall not be required to cancel or to transfer to the Complainant the domain name "venusswimwear.net."

This 11^th day of April, 2000.

Charles K. McCotter, Jr., Arbitrator