Domain name – Domain name dispute resolution policy – Service mark– Identical – Confusingly similar – Legitimate rights – Bad faith – Trader.

Complainant is registered owner of mark Money Mart and has used it for a number of years.  Respondent registered the domain name, usmoneymart.com but it is not identifiable to any product, service or website managed or operated by the Respondent. 

Held, Name Transferred to Complainant.

Respondent’s domain name is identical or confusingly similar to Complainant’s established service mark.

Respondent has no legitimate interest with respect to the name.

Respondent has demonstrated a pattern of registering domain names which are confusingly similar to other registered names.  Respondent is also in the habit of asking for a minimum of $5000 for it’s domain names, which is in excess of out-of-pocket expenses related to the domain names.  Respondent attempted to sell the domain name to Complainant.  This infers that registration was done primarily for the purpose of selling the domain name, which demonstrates bad faith.

Policies referred to

Uniform Domain Name Dispute Resolution Policy

Banks, Jr., Panelist: -

The above matter came on for an administrative hearing on June 19, 2000 before the
undersigned on the Complaint of Dollar Financial Group, Inc., hereafter
"Complainant", against Chisholm Internet Consultants, hereafter "Respondent". The
Complainant was represented by counsel.  The Respondent did not file a response
and was not represented.

            Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

Domain Name: USMONEYMART.COM

Domain Name Registrar: Alabanza/dba BulkRegister.com

Domain Name Registrant: Chisholm Internet Consultants

Date of Registration: March 22, 2000. 

Date Complaint Filed: May 19, 2000.

Date of Commencement of Administrative Proceeding: May 22, 2000.

Date of Response: Respondent did not file a response as required by Rule 5(a).

Remedy requested by Complainant: Transfer of Domain Name to 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 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 Alabanza/dba BulkRegister.com (Alabanza), the Internet
Corporation for Assigned Names and Numbers (ICANN), and the Complainant that
the administrative proceeding had commenced.

            The Respondent registered the domain name with Alabanza/dba
BulkRegister.com, the entity that is the Registrar of the domain name.  By registering
its domain name with Alabanza,  the Respondent agreed to resolve any dispute
regarding its domain name through ICANN'S Uniform Domain Name Dispute
Resolution Policy. 

FINDINGS OF FACT

1.      The Complainant Dollar Financial Group, Inc. is the registered owner of the
service mark MONEY MART and has used that mark since 1984. 

2.      The Respondent registered the domain name USMONEYMART.COM on
March 22, 2000.

3.      The domain name is not identifiable to any product, service or website managed
or operated by the Respondent.

4.      The Respondent's domain name USMONEYMART.COM is identical or
confusingly similar to the Complainant’s established service mark.

5.      The Respondent has no legitimate interests in respect of the domain name.

6.      Respondent is a professional trader in domain names.  Using the pseudonym
"noranda," Respondent presently offers 649 domain names for sale on the "Afternic"
Internet domain name auction site. 

7.      Respondent has registered many domain names that are confusingly similar to
registered U.S. Trademarks such as "USCABLEVISION.COM", AND
"ALLSTATEINSURERS.COM".

8.      Respondent routinely seeks a minimum asking price of $5,000 for domain names
on the "Afternic" site. 

9.      Respondent's registration of domain names which are confusingly or
substantially similar to registered service marks of others constitutes a pattern of
conduct to register and sell domain names for consideration in excess of documented
costs directly related to the domain name registration.

10.  Following discovery of Respondent's domain name registration, Complainant
demanded that Respondent cease and desist from use of the domain name. 
Respondent's reply was to demand $2,500 for the transfer of the name to
Complainant.

11.  The Respondent's failure to file a response to the complaint, coupled with the
fact that it listed the domain name for sale and attempted to sell to Complainant, as
described above, permits an inference that registration of the domain name was done
primarily for the purpose of selling or otherwise transferring the domain name
registration to the Complainant, who is the owner of the service mark, for a valuable
consideration in excess of any documented out-of-pocket costs directly related to the
domain name.  This constitutes registration and use of a domain name in bad faith.

12.  The Complainant's prayer for relief requests that the domain name
USMONEYMART.COM 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 USMONEYMART.COM registered by Respondent on
March 22, 2000, with Alabanza/dba BulkRegister.com is identical to or confusingly
similar to Complainant's registered service mark in which the Complainant has rights,
and to which the Respondent has no right or legitimate interests.

2.      The domain name USMONEYMART.COM was registered and is being used
in bad faith in that the Respondent registered the name primarily for the purpose of
selling or otherwise transferring the domain name registration to the Complainant,
who is the owner of the trademark or to a competitor for valuable consideration in
excess of documented out-of-pocket costs directly related to the domain name.

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
USMONEYMART.COM, REGISTERED BY RESPONDENT CHISHOLM
INTERNET CONSULTANTS BE TRANSFERRED TO COMPLAINANT
DOLLAR FINANCIAL GROUP, INC.