Generic Top Level Domain Name (gTLD) Decisions

NATIONAL ARBITRATION FORUM

DOMAIN NAME DISPUTE ADMINISTRATIVE PANEL DECISION

COMPLAINANT

Ballingers U.S.A., Inc.

125 East 11^th Street

New York, NY 10003 File Number: FA 0002000093708

Attn: Sean McGarr, President

Telephone: 212-353-1600 Fax: 212-614-0420

E-Mail Address: Ssmcgarr@aol.com

RESPONDENT

Gallo Corp.

409 3^rd Street

Jersey City, NJ 07302

Telephone: 212-555-1212 Fax: 212-555-1212

E-Mail Address: Websterhall@clubvault.com

• Domain name: Websterhall.com.
• Domain name registrar: Gallo Corp.
• Date of domain registration: December 5, 1998.

Findings

The Complainant is a New York corporation that operates at night club in New York City named "Webster Hall." It is the owner of the trademark "Webster Hall," U. S. Trademark Registration Number 1,986,825, registered for a term of ten years from July 16, 1996.

The Respondent operates a night club in New York called "The Vault." It has no interest in the name "Webster Hall." The Complainant has made several written demands by certified mail on the Respondent to cease the use of the domain name "Websterhall.com," but the letters were returned "unclaimed." The Respondent has not replied to complaint in this dispute.

Conclusions

• The registered domain name "Websterhall.com" is confusingly similar to the Complainants registered trademark "Webster Hall."

• The Respondent has no legitimate interest in the domain name. It operates a business with a completely different and dissimilar name.

• The Respondent has registered the domain name for the purpose of disrupting the Complainant’s business. The Respondent has accordingly acted in bad faith.

Decision

The Respondent’s registration in the domain name "Websterhall.com" is canceled.

Robert S. Brandt

Arbitrator