[Indexed as: Hollywood Casino v. B.F. LLC]
[Indexed as: CASINOHOLLYWOOD.com.]
National Arbitration Forum
Administrative Panel Decision
File No.: FA0005000094733
Commence: 9 May, 2000
Judgement: 16 June, 2000
Arbitrator: Bruce E. Meyerson
Domain name-Domain name resolution policy-Cybersquatting-Bad faith-Diversion of business-Identical-Confusingly similar Reversed name.
Complainant is the owner of several casinos in the US which use the service and trade name HOLLYWOOD CASINO. Complainant owns registered trademark HOLLYWOOD CASINO. Complainant also uses the marks HOLLYWOODCASINO.COM, and HOLLYWOODCASINO.NET as domain names for its portal web sites for its goods and services. Complainant has invested substantial sums of money in developing and marketing the name HOLLYWOOD CASINO. Respondent is the owner of the domain name CASINOHOLLYWOOD.COM.
Held: Domain Name Transferred to Complainant
The names Hollywood Casino and Casino Hollywood are confusingly similar. A consumer who uses the web site owned by Respondent would likely believe that the web site was authorized or sponsored by the business of Complainant.
Respondent has registered and used the domain name CASINOHOLLYWOOD.COM in bad faith. Respondent has intentionally attempted to attract Internet users to its web site or other online location for commercial gain. Respondent has done so by creating a likelihood of confusion with Complainants mark as to be the source, sponsorship, affiliation or endorsement of Respondents web site or of a product or service on Respondents web site.
Policies referred to:
Uniform Domain Name Resolution Policy Adopted August 6, 1999
Statutes referred to:
Rules for Uniform Domain Name Dispute Resolution Policy
Cases referred to:
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The above-entitled matter came on for an administrative hearing on June
16, 2000 before the undersigned on the Complaint of Hollywood Casino Corporation,
hereafter Complainant," against B. F. LLC, hereafter Respondent." Complainant
was represented by Seidel, Gonda, Lavorgna & Monaco, P.C.. Upon the
written submitted record, the following Decision is made:PROCEDURAL FINDINGSDomain
Name: casinohollywood.comDomain Name Registrar: Network Solutions, Inc.Domain
Name Registrant: B.F. LLCDates of Domain Registration: December 10, 1997Date
Complaint Filed: May 3, 2000Date of Commencement of Administrative Proceeding
in Accordance with Rule 2(a) and Rule 4(c): May 9, 2000Response Filed:
May 27, 2000After reviewing the Complaint, and determining it to be in
administrative compliance, the National Arbitration Forum (The Forum) forwarded
the Complaint to the Respondent on May 9, 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 Respondent that the administrative
proceeding had commenced. Respondent did submit a response to The Forum
within twenty (20) days pursuant to Rule 5(a). The Complainant filed a
Supplemental Statement on June 6, 2000.Respondent registered the domain
name in dispute with Network Solutions on December 10, 1997. By registering
the foregoing domain name with Network Solutions, Respondent agreed to
resolve any dispute regarding said name through ICANNS Rules for Uniform
Domain Name Dispute Resolution Policy (the "Rules") and the Uniform Domain
Name Dispute Resolution Policy (the "Policy").FINDINGS OF FACT1. The Complainant
is the owner of casinos in Illinois and Mississippi which use the service
mark and trade name HOLLYWOOD CASINO and which offer gaming, dining,
bar services and entertainment. These casinos have operated in Illinois
and Mississippi since 1993 and 1994 respectively. Complainant is also building
a casino in Louisiana.2. Complainant is the owner of eight (8) valid and
subsisting registrations on the Principal Register of the U. S. Patent
and Trademark Office using the name HOLLYWOOD CASINO." Complainant also
uses the mark HOLLYWOODCASINO.COM and HOLLYWOODCASINO.NET as domain
names for its portal Web sites for its goods and services.3. The Complainant
has invested substantial sums of money in developing and marketing the
name HOLLYWOOD CASINO both nationally and at its various locations.4.
Respondent is the owner of the domain name CASINOHOLLYWOOD.COM5. The
domain name in question is identical or confusingly similar to the Complainants
registered domain names and its registrations with the U.S. Patent and
Trademark Office.6. It is very likely that a consumer who uses the Casino
Hollywood online gaming would believe that the web site was sponsored or
authorized by Hollywood Casino because the names Hollywood Casino and Casino
Hollywood are confusingly similar.CONCLUSIONThe 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 concludes that Respondent has registered and
used the domain name "CASINOHOLLYOOD.COM" in bad faith in that it intentionally
attempted to attract, for commercial gain, Internet users to its web site
or other on-line location, by creating a likelihood of confusion with the
Complainants mark as to the source, sponsorship, affiliation, or endorsement
of its web site or of a product or service on its web site.DECISIONBased
upon the above findings and conclusions, and pursuant to Rule 15, it is
decided that the domain name casinohollywood.com registered by respondent
B.F. LLC be transferred to complainant Hollywood Casino Corporation.DATED
this 16th day of June, 2000. Bruce E. Meyerson, Arbitrator
Domain Name Transferred