Generic Top Level Domain Name (gTLD) Decisions

ARBITRATION BEFORE

THE NATIONAL ARBITRATION FORUM

REGARDING AN INTERNET DOMAIN NAME DISPUTE

Fideicomiso Puerto Aventuras,

COMPLAINANT,

Forum File No.: FA 0092526

vs.

Web Strategies, Inc.,

RESPONDENT.

FINDINGS OF FACT

The above entitled matter came on for an Administrative Hearing this date, before the undersigned on the Complaint of Fideicomiso Puerto Aventuras, ("Complainant") against Respondent, Web Strategies, Inc. ("Respondent"). This matter has been brought under the Uniform Domain Name Dispute Resolution policy adopted by the Internet Corporation for assigned names and numbers ("ICANN") and the rules for Uniform Name Dispute Resolution policy adopted by ICANN on October 24, 1999. Complainant is represented by Gayle E. Rosenstein, Esquire, Locke, Liddell and Sapp, LLP at 2200 Rosa Avenue, Suite 2200, Dallas, Texas, 75201; Web Strategies, Inc.'s address is given as Sinaloa #251-3 Col. Foma, DF 06700, Mexico, phone no.: (214) 740-8593, facsimile no.: (214) 740-8800.

Respondent’s contact is said to be Paul Fuchs, Administrative Contact, phone no.: 252114080 (Mexico), facsimile no.: (520) 395-1943 (United States). The domain names at issue are puertoaventuras.com and puertoaventuras.net, each of which are registered with Network Solutions; and were so registered on the records of Network Solutions as of the commencement of these proceedings. The Complaint herein was filed with the National Arbitration Forum.

The record establishes that though the Complainant herein is the sole entity entitled to use and register the domain names puertoaventuras.com and puertoaventuras.net, the Respondent has wrongfully refused to cooperate to cause the names to be transferred on the registry of Network Solutions to the Complainant. This failure under the circumstance of these proceedings constitutes bad faith.

Finding the Complaint to be in administrative compliance, the National Arbitration Forum describing the formal date of commencement of the administrative proceedings as January 24, 2000 in accord with the Rules notified Respondent that it had until February 16, 2000, in accord with the Rules to send a response. A formal response has not been filed and though under date of January 26, 2000, an e-mail sent to the Forum by one Urysc Asse indicates acknowledgment by the Respondent of the Complaint filed herein it fails to refute the factual allegations contained therein. Accordingly, the Respondent is in default and as provided for by the Rules it is appropriate for the undersigned to draw such reasonable inferences as he deems are warranted. The Respondent’s failure constitutes an admission of the facts alleged against in the Complaint.

The undersigned finds the Complainant herein is the holder and rightful owner of the following trademarks:

Puerto Aventuras, Trademark no. 613287

Puerto Aventuras, Trademark no. 612512

Puerto Aventuras, Trademark no. 451940

The marks utilized by the Complainant are related to the development of a planned resort community located south of Cancun, Mexico, designated as "Puerto Aventuras." The aforesaid trademarks are intended to be used for all services related to real estate and vacation services, including river estate sales, vacation rentals, as well as all other matters designated in the Application for each of the aforesaid trademarks. The undersigned finds that the domain names "puertoaventuras.com" and "puertoaventuras.net" which are the subject of the instant Complaint have been wrongfully maintained by the Respondent in the registry of Network Solutions in violation of the rights of the Complainant herein.

Though Respondent has been requested by Complainant to transfer the "puertoaventuras.com" and "puertoaventuras.net" names to it. The plaintiff has wrongfully failed to do so, all to the damage of the Complainant.

The domain names of "puertoaventuras.com" and "puertoaventuras.net" are confusingly similar to the Complainant’s trademarks, and reflects a wrongful attempt by the Respondent to attract, for commercial gain, internet users to its web site all to the wrongful damage of the Complainant.

The undersigned concludes that the Respondent wrongfully registered, acquired and has been using the aforementioned domain names in the exercise of bad faith to the detriment of the Complainant.

The Complainant’s pray that the domain names "puertoaventuras.com" and "puertoaventuras.net" presently registered through Web Strategies, Inc., be forthwith transferred to the Complainant, Fideicomiso Puerto Aventuras, and it is so entitled.

For the reasons herein stated and pursuant to the Rule 4 (i) it is

DIRECTED THAT THE DOMAIN NAMES "puerloaventuras.com" and "puertoaventuras.net" BE FORTHWITH TRANSFERRED TO COMPLAINANT FIDEICOMISO PUERTO AVENTURAS.

The undersigned certifies that he has acted independently and has no known conflict in serving as the arbitrator in this proceeding.

Honorable Robert R. Merhige, Jr.
Retired Judge
Arbitrator