Domain name - Domain name dispute resolution policy - U.S. Service mark -  U.S. Trademark - Domain names identical - Confusion - Bad faith registration - Bad faith use

Complainant is owner of eight valid and subsisting registrations on the Principal Register of the U.S. Patent and Trademark Office using the name “Hollywood Casino”. The Respondent is owner of registered domain names “Hollywood-Casino.com”, “Hollywood-Casino.net”, “Hollywoodgoldcasino.com” and “Hollywoodgoldcasino.net”. Complainant alleged the first two domain names are identical to the Complainant’s trademark and service mark “Hollywood Casino” and the Respondent registered the names in bad faith.

Held, Names Transferred to Complainant
Held, Names Cancelled

Complainant must establish both bad faith registration and bad faith use.

The domain names are nearly identical and confusingly similar to the other Hollywood Casino to which the Complainant has rights. The Respondent has no right or legitimate interest to those domain names. This is bad faith registration.

The Respondent use of the domain names in question is to attract Internet users to its web site or other on-line location for commercial gain. This creates a likelihood of confusion with the Complainant’s trademarked names as to the source, sponsorship, affiliation or endorsement of its web site. This is bad faith use.

Policies Referred to

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

DECISION
The above-entitled matter came on for an administrative hearing on March 17, 2000 before the undersigned on the Complaint of Hollywood Casino Corporation, hereafter "Complainant", against Global Interactive, hereafter "Respondent". Complainant was represented by Arthur H. Seidel, 1800 Two Penn Center Plaza, Philadelphia, PA 19102. There was no representation on behalf of Respondent. Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDING
Domain Names: HOLLYWOOD-CASINO.COM
HOLLYWOOD-CASINO.NET
HOLLYWOODGOLDCASINO.COM
HOLLYWOODGOLDCASINO.NET
Domain Name Registrar: Network Solutions, Inc.
Domain Name Registrant: Global Interactive
Dates of Domain Registration: April 7, 1999; July 9, 1999; and July 14, 1999
Date Complaint Filed: February 17, 2000
Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a) and 
Rule 4(c): February 21, 2000
Due date for a Response: March 15, 2000. Respondent did not submit a Response to the
Complaint.

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 February 21, 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. Respondent did not submit a response to The Forum within twenty (20) days pursuant to Rule 5(a).

Respondent registered the domain names in dispute with Network Solutions as follows:
DOMAIN NAME DATE OF REGISTRATION
HOLLYWOOD-CASINO.COM 7 April 1999
HOLLYWOOD-CASINO.NET 7 April 1999
HOLLYWOODGOLDCASINO.COM 14 July 1999
HOLLYWOODGOLDCASINO.NET 9 July 1999
By registering the above domain names with Network Solutions, Respondent agreed to resolve any dispute regarding said names through ICANN'S Rules for Uniform Domain Name Dispute Resolution Policy and the Uniform Domain Name Dispute Resolution Policy.

FINDINGS OF FACT

1.       The Complainant is the owner of casinos in Mississippi and Illinois which use the service mark and trade name "HOLLYWOOD CASINO" and which offers gaming, dining, bar services and entertainment. 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 names "HOLLYWOODCASINO.COM" and "HOLLYWOODCASINO.NET".

5.       The domain names in question are identical or confusingly similar to the Complainant's registered domain names and its registrations with the U.S. Patent and Trademark Office.

6.       The Respondent has no legitimate interests in respect of the domain names in question.

7.       The Respondent registered the domain names "HOLLYWOOD-CASINO.COM", "HOLLYWOOD-CASINO.NET", "HOLLYWOODGOLDCASINO.COM" and "HOLLYWOODGOLDCASINO.NET" in bad faith. Evidence of bad exists in the fact that by using the domain names in question, Respondent has intentionally attempted to attract, for commercial gain, Internet users by creating a likelihood of confusion with the Complaint's mark as to the source, sponsorship, affiliation, or endorsement of the web sites or location of a product or service at its web site.

8.       Complainant's prayer for relief requests that the domain names "HOLLYWOOD-CASINO.COM" and "HOLLYWOOD-CASINO.NET" be transferred from Respondent to Complaint and that the domain names "HOLLYWOODGOLDCASINO.COM" and "HOLLYWOODGOLDCASINO.NET" be cancelled.

CONCLUSIONS
The undersigned certifies that he has acted independently and has no know 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 names "HOLLYWOOD-CASINO.COM", "HOLLYWOOD-CASINO.NET", "HOLLYWOODGOLDCASINO.COM" and "HOLLYWOODGOLDCASINO.NET" are nearly identical and confusingly similar to the other HOLLYWOOD CASINO marks in which the Complainant has rights and to which the Respondent has no right or legitimate interests.

2. Respondent registered and used the domain names in question 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 Complainant's mark as to the source, sponsorship, affiliation, or endorsement of its web site or of a product or service on its web site.

DECISION
Based upon the above findings and conclusions, and pursuant to Rule 4(I), it is decided as follows:

1.       THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAMES "HOLLYWOOD-CASINO.COM" AND HOLLYWOOD-CASINO.NET" REGISTERED BY RESPONDENT GLOBAL INTERACTIVE BE TRANSFERRED TO COMPLAINANT HOLLYWOOD CASINO CORPORATON.

2. THE UNDERSIGNED FURTHER DIRECTS THAT THE DOMAIN NAMES 
"HOLLYWOODGOLDCASINO.COM" AND 
"HOLLYWOODGOLDCASINO.NET" BE CANCELLED.
Dated: March 30, 2000, by Judge Daniel B. Banks, Jr. (Ret.), Arbitrator.
Daniel B. Banks, Jr.