Generic Top Level Domain Name (gTLD) Decisions

vs.

Robert Capps
THIS NAME IS FOR SALE
RESPONDENT.

DECISION
Forum File No.:  FA 0006000094951

MEMORANDUM OF DECISION

The above-entitled matter came on for an administrative hearing on July 11, 2000, before the undersigned on the Complaint of Danish-American Promotion ApS, hereafter "Complainant", against Robert Capps, hereafter "Respondent".  Complainant appears by Niels Leegaard Rydder of Escondido, California.  The Respondent appears pro se. 

PROCEDURAL FINDINGS

Domain Name:  missdenmark.com

Domain Name Registrar:  Network Solutions, Inc.

Domain Name Registrant:  Robert Capps, THIS NAME IS FOR SALE

Date of Domain Name Registration: March 10, 1998

Date Complaint Filed: June 1, 2000

Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a)^{[1] and Rule 4(c): June 5, 2000.}

Due date for a Response: June 26, 2000.

Prayer: Complainant requests that the disputed domain name registration be transferred to the Complainant.

            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 June 5, 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.  The Respondent responded to The Forum by memorandum dated June 26, 2000, pursuant to Rule 5(a).

            On March 10, 1998, Respondent registered the domain name "missdenmark.com" with Network Solutions, the entity that is the Registrar of the domain name.  On June 5, 2000, Network Solutions verified that Respondent is the Registrant for the domain name "missdenmark.com", and that further by registering its domain name with Network Solutions, 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.

                                                         UNCONTROVERTED FACTS

1. The Complainant organizes and produces the “Miss Danmark Show” and the “Danish National Pageant” annually in Denmark and sells “Miss Danmark” merchandise on the Internet. Complainant has been in business for over 10 years. Complainant registered the trademark “miss danmark” in 1982 in the Kingdom of Denmark.

2. The Respondent is an individual who states that he is an “internet domain name broker” and does business under the name “THIS NAME IS FOR SALE”.  

3. The Complainant offered to purchase the domain name “missdenmark.com” from the Respondent for $1000.00.  Respondent made a counteroffer to sell the name to Complainant for $5,000.

4. The Respondent’s only use of the website is to link users to another website which publishes pornographic materials.

5. The term “Miss Danmark” in Danish has the same meaning as “Miss Denmark” in English.

                                                                     CONCLUSIONS

1. The domain name "missdenmark", registered by Respondent on March 10, 1998, with Network Solutions, Inc., is nearly identical and confusingly similar to the trademark and business name in which Complainant has established rights. 

2. Respondent registered the domain name primarily for the purpose of selling it to the Complainant or to a competitor of the complainant for an amount in excess of the Respondents costs.

3. Respondent’s use of the nearly identical and confusingly similar domain name to link pornography sites is particularly disruptive to the Complainants business relationships as it attracts contestants, sponsors, parents and other persons interested in the Danish National Pageant, the Miss Denmark Show or Miss Danmark merchandise to a pornographic web site.

4. Respondent’s use of the domain name is to attract Internet users to the web site by creating a likelihood of confusion with the Complainants established mark and furthers no legitimate business interest of the Respondent.

.

                                                       DECISION

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 neutral, the undersigned enters the following DECISION:

Pursuant to Rule 4 of the Uniform Domain Name Dispute Resolution Policy I find that the domain name “missdenmarkcom" should be transferred from Respondent to the Complainant because; (a), the domain name was registered and is being used in bad faith by the Respondent; (b) the domain name is nearly identical or confusingly similar to the trademark and business name of the Complainant and (c) Respondent has demonstrated no right or legitimate interest in the domain name.

Dated:  July 11, 2000               Judge James P. Buchele (Retired)