Domain name -  Domain name dispute resolution policy -  U.S. Tradename - U.S. Trademark - Virtually identical - Confusingly similar - No rights or legitimate interests - Bad faith use - Bad faith registration.

Complainant was the owner of the United States trademark and the United States tradename Gourmet Magazine. Respondent registered the domain name, GOURMETMAGAZINE.com, with Network Solutions Inc. 

HELD, Name Transferred to Complainant.

It is clear that the domain name GOURMETMAGAZINE.com is identical or confusingly similar to the Complainant’s trademark and long used name, in which it has exclusive rights as a matter of law.

Since Respondent failed to put forward any proof of any rights or legitimate interests in the Gourmet Magazine mark or name, Respondent has no rights or legitimate interests in the domain name. 

There can be no question that registration and use of the domain name was in bad faith since the Respondent sought to divert contacts seeking to connect Gourmet Magazine to its own web site with knowledge of the Complainant’s ownership and use of the name and mark. Furthermore, Respondent’s previous domain name registrations relating to other famous mark domain names shows previous and ongoing bad faith.

Policies referred to

ICANN Uniform Domain Name Dispute Resolution Policy, adopted August 26, 1999

Rules referred to

Rules for Uniform Domain Name Dispute Resolution Policy, adopted October 24, 1999
Supplemental Rules for Uniform Domain Name Dispute Resolution Policy, adopted December 1, 1999

Cases referred to
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Panel Decision referred to
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Diaz, Lackert and Bender, Panelists: - 

The Parties
The Complainant is Advance Magazine Publishers Inc., New York, NY, USA ("Complainant"). The Respondent is GOURMETMAGAZINE.com ("Respondent").

The Domain Name(s) and Registrar(s)
The domain name at issue is "GOURMETMAGAZINE.COM", registered with Network Solutions Inc ("NSI").

Procedural history
Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on 06/02/2000; The Forum received a hard copy of the Complaint on 06/02/2000. 

On 06/15/2000, NSI confirmed by e-mail to The Forum that the domain name "GOURMETMAGAZINE.COM" is registered with NSI and that the Respondent is the current registrant of the name. NSI has verified that Respondent is bound by the Network Solutions service Agreement Version 4.0 and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANNís UDRP.

On 06/12/2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of 07/05/2000 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, and to all entities and persons listed on Respondentís registration as technical, administrative and billing contacts by e-mail. 

The parties engaged in settlement discussions and as a result the Forum granted a stay of arbitration. On July 24, 2000 the parties decided to proceed with arbitration. 
On 08/08/2000, having received no Response from Respondent, using the same contact details and methods as were used for the Commencement Notification, The Forum transmitted to the parties a Notification of Respondent Default. 

On August 8, 2000, pursuant to Complainantís request to have the dispute decided by a Three Member panel, The Forum appointed Nelson A. Diaz, Clark W. Lackert, and John A. Bender as Panelists.

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that The Forum has discharged its responsibility under Paragraph 2(a) of the Uniform Rules "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its Decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, The Forumís Supplemental Rules and any rules and principles of law that the panel deems applicable, without the benefit of any Response from the Respondent.

Relief sought
The Complainant requests that the domain name is transferred from the Respondent to the Complainant. 

Parties’ Contentions

A. Complainant
Complainant contends its prior use of the Gourmet Magazine mark, along with trade marks, and other cognizable interests in the name and mark, are sufficient to prevent Respondents use of the name even though Respondentís registration and use of the domain name do not prevent hits from being directed to Complainant. 

B. Respondent
Respondent has filed no response.

Discussion
Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy ("Policy") requires that the complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; 
(2) 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.

Identical and/or Confusingly Similar
The domain name is virtually identical to Complainantís trade marked and long used name, in which it has exclusive rights as a matter of law. 

Rights or Legitimate Interests
Respondent has not put forward any proof of any rights or legitimate interests in the Gourmet Magazine mark or name. The panel determines that Respondent has no rights or legitimate interests in the domain name.

Registration and Use in Bad Faith
Registration and use was in bad faith because Respondent sought to divert contacts seeking to connect to Gourmet Magazine to its own web site with knowledge of Complainantís ownership and use of its name and mark. According to Complainantís verified Claim (Paragraphs 15-18), Respondentís previous domain name registrations relating to other famous mark domain names shows previous and ongoing bad faith, just as these facts show bad faith specific to this complaint. 

Decision

The domain name Gourmetmagazine.com is hereby transferred to Complainant.