THE
NATIONAL ARBITRATION FORUM
Post Office Box 50191 Minneapolis, Minnesota 55405
___________________________________________
Adventure City, Inc.,
1238 South Beach
Boulevard
Anaheim, California
92804
COMPLAINANT,
VS.
Robert Giunta
Gotchya Marketing
and Promotions
42 Greenacre
Road
South Hurstville,
NSW 2221
Australia
RESPONDENT,
DOMAIN NAME DISPUTE
DECISION
Forum File No.: FA000
2000093632
_________________________________
The above
entitled matter came on for an administrative hearing on March 14, 2000
before the undersigned on the
Complaint of Adventure City, Inc., hereafter
"Complainant", against Robert Giunta, Gotchya Marketing and Promotions,
hereafter "Respondent", Complainant was represented by Barnet Resnick,
Resnick & Gray, Post Office Box 7849, Newport
Beach, California 92658-7849.
There was no representation on behalf of Respondent, Upon the written
submitted record,
the following DECISION is made: PROCEDURAL FINDINGS
Domain Name: Adventurecity.com Domain Name Registrar: Register.com,
Inc.
Domain Name Registrant: Gotchya Marketing and Promotions Date of Domain
Name Registration: October 31, 1998
Date Complaint Filed: February 4,
2000 Due Date for a Response: March 1, 2000 Respondent did not submit
a response
to the Complaint. Date of Commencement of Administrative Proceeding
in Accordance with Rule 2(a)l and Rule 4(c): February
7, 2000 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 7, 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 the above Registrar, Register.com,
Inc., 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). On October 31, 1998, Respondent registered the
domain name "Adventurecity.com"
with Register.com, Inc., the entity that
is the Registrar of the domain name. By registering its domain name with
Register.com, Inc., Respondent agreed to resolve any dispute regarding
its domain name through ICANN's Rules for Uniform
Domain Name Dispute
Resolution Policy, and the Uniform Domain Name Dispute Resolution Policy.
FINDINGS
OF FACT
- On February 14,
1995, the United States Patent and Trademark Office issued the registration
for ADVENTURE CITY,
No. 1,879,048, for amusement parks, live entertainment
and clothing. ADVENTURE CITY was first used in commerce August
19, 1994.
- On October 31,
1998, Registrant registered the domain name in controversy, "Adventurecity.com"
with the Registrar,
Register.com, Inc.
- The Registered
domain name, "Adventurecity.com", is identical or confusingly similar
to the trademark or service
mark in which the Complainant has rights
and the Respondent does not have any right or legitimate interests in
respect of the domain name, "Adventurecity.com", which is the subject
of the complaint.
- Complainant has
been damaged by the acts of the Registrant and will continue to be damaged
unless the domain
name, "Adventurecity.com" is transferred to Complainant.
- Respondent registered
and used the domain name, "Adventurecity.com", in bad faith as is evidenced
by the circumstances
which indicate that Respondent registered the domain
name primarily for the purposes of selling, renting, or otherwise
transferring
the domain name registration to the Complainant who was the owner of
the trademark or service
mark or to a competitor of the Complainant,
for valuable consideration in excess of Respondent’s documented
out-of-pocket costs directly related to the domain name.
- Complainant’s
prayer for relief requests that the domain name be transferred from
Respondent to Complainant.
CONCLUSIONS
The undersigned certifies that he has acted independently and has no known
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
name "Adventurecity.com", registered by Respondent on October 31,
1998, with Register.com,
Inc., is identical to Complainant's trademark
ADVENTURE CITY, and to which Respondent has no right or legitimate
interests. 2. Respondent registered and acquired the domain name
"Adventurecity.com" primarily for the
purpose of selling, renting
or otherwise transferring the said domain name registration to the
Complainant
who is the owner of the trademark or service mark, or
to a competitor of the Complainant, for valuable consideration
in
excess of Respondent's out-of-pocket costs directly related to the
domain name. Respondent registered
and used the domain name in bad
faith.
DECISION
Based upon the above findings and conclusions, and pursuant to Rule 4(i),
it is decided as follows: THE UNDERSIGNED
DIRECTS THAT THE DOMAIN NAME
"Adventurecity.com" REGISTERED BY RESPONDENT ROBERT GIUNTA, GOTCHYA MARKETING
AND
PROMOTIONS, BE TRANSFERRED TO COMPLAINANT ADVENTURE CITY, INC. Dated:
March 15, 2000, by Judge Karl V. Fink (Ret.), Arbitrator
Honorable
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