Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Famous mark - divert customers - spelling error.

Complainant supplies clothing and outdoor products through its mail order business and was established in 1912.  Complainant holds 59 U.S. Federal Trademark registrations, including 8 that directly incorporate the words "L.L. Bean". Complainant sells its products on the website, <llbean.com>.  Respondent registered the domain name “LLLBEAN.COM”.  Respondent has linked this website to <online-games.org>, a site that contains numerous advertisements for on-line video games. Complainant asserts that the Respondent has sought commercial gain from the deliberate registration and use of a domain name that is a common misspelling of a well-known company name. 

HELD, Name Transferred to Complainant.

Complainant has rights in the mark L.L. BEAN as evidenced by its numerous registered trademarks. Respondent’s domain name, "LLLBEAN.COM" is confusingly similar to Complainant's registered mark.   Respondent has never had an association with Complainant nor has been commonly known by Complainant’s registered marks or website.  Respondent has not claimed to use the domain name in connection with any bona fide offering of goods or services nor for any legitimate or fair noncommercial use. Instead, Respondent is using the website to profit from users’ spelling error when entering the domain name.  Respondent has diverted customers and has created a likelihood of confusion with Respondent's site.  This conduct is evidence of registration and use in bad faith.

Policies referred to

ICANN Uniform Domain Name Dispute Policy
ICANN Rules.

Panel decisions referred to
Bama Rags, Inc. v. Zuccarini, FA 94380 (Nat. Arb. Forum May 8, 2000).
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James A. Carmody, Judge (Ret.), Panelist: -

PARTIES
The Complainant is L.L. Bean, Inc., Freeport, ME, USA ("Complainant"). The Respondent is Cupcake Patrol, Andalusia, PA, USA ("Respondent").

REGISTRAR AND DISPUTED DOMAIN NAME(s) 
The domain name at issue is "LLLBEAN.COM", registered with Ken Stubbs, Internet Council of Registrars ("Stubbs").

PANELIST(s)
Hon. James A. Carmody, as Panelist.

PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum ("The Forum") electronically on July 5, 2000; The Forum received a hard copy of the Complaint on July 5, 2000. 
On July 11, 2000, NSI confirmed by e-mail to The Forum that the domain name "LLLBEAN.COM" is registered with Stubbs and that the Respondent is the current registrant of the name. 
On July 11, 2000, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of July 31, 2000 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via email, post and fax, and to all entities and persons listed on Respondentíís registration as technical, administrative and billing contacts by email. 
On July 31, 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 2, 2000, pursuant to Complainantíís request to have the dispute decided by a Single Member panel, The Forum appointed the Hon. James A. Carmody
as Panelist.
Having reviewed the communications records in the case file, 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 Forumíís 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 be transferred from the Respondent to the Complainant.

PARTIES CONTENTIONS
A. Complainant
The Complainant contends that the Respondent has registered a domain name that is confusingly similar to its trademark registered for and in use by the Complainant. Further, the Complainant contends that the Respondent has no rights or legitimate interests to the domain name, and that the respondent has registered and is using the domain name in bad faith. 
The Complainant asserts that the Respondent has sought commercial gain from the deliberate registration and use of a domain name that is a common misspelling of a well-known company name.

A. Respondent 
The Respondent submitted no response in this matter. As a result, all reasonable inferences of fact in the allegation of the Complainant will be deemed true.

FINDINGS
The Complainant supplies clothing and outdoor products through its mail order business. The Complainantíís business was established in 1912. The Complainant holds 59 U.S. Federal Trademark registrations, including 8 that directly incorporate the words "L.L. Bean". The Complainant sells its products on the website, <llbean.com>.
The Respondent registered the domain name in question on February 8, 2000. The Respondent has linked this website to <online-games.org>, a site that contains numerous advertisements for on-line video games. This site also traps the user in a seemingly endless succession of banner advertisements.

DISCUSSION 
Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy ("Policy") directs that the complainant must prove each of the following three elements to support a claim 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 Complainant has rights in the mark L.L. BEAN as evidenced by its numerous registered trademarks. The Respondentíís domain name, "LLLBEAN.COM" is confusingly similar to the Complainant's registered mark. The Respondent has registered a domain name that contains a common misspelling of the Complainantíís famous mark. See Bama Rags, Inc. v. Zuccarini, FA 94380 (Nat. Arb. Forum May 8, 2000) (finding that the domain names, <davemathewsband.com> and <davemattewsband.com>, are common misspellings and therefore confusingly similar). 

Rights or Legitimate Interests
The Complainant asserts that the Respondent has no rights or legitimate interests in the domain names in question. The Respondent has not denied that assertion.
The Respondent has never had an association with the Complainant nor has been commonly known by the Complainantíís registered marks or website. Policy  _ 4(c)(ii).
The Respondent has not claimed to use the domain name in connection with any bona fide offering of goods or services nor for any legitimate or fair noncommercial use. Policy  _ 4(c)(i), (iii). Instead, the Respondent is using the website to profit from usersíí spelling error when entering the domain name.

Registration and Use in Bad Faith
The Complainant asserts that the Respondent acted and is acting in bad faith. The Respondent has not denied that assertion.
The Respondent registered the domain name in question to divert customers from the Complainantíís on-line location to another site for commercial gain. The Respondent has created a likelihood of confusion as to the source, sponsorship, affiliation or endorsement of the Respondentíís website. Policy  _ 4(b)(iv). This conduct is evidence of registration and use in bad faith. See Bama Rags, Inc. v. Zuccarini, FA 94380 (Nat. Arb. Forum May 8, 2000) (finding bad faith where the Respondent attracted users to advertisements).

DECISION
Having established all three elements required by the ICANN Policy Rule 4(a), it is the decision of the panel that the requested relief be granted. 
Accordingly, for all of the foregoing reasons, it is ordered that the domain name, "LLLBEAN.COM" be transferred from the Respondent to the Complainant.