MRS. WORLD PAGEANTS, INC.,

COMPLAINANT,

vs.

CROWN PROMOTIONS

RESPONDENT.

DECISION
Forum File No.: FA0003000094321

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The above entitled matter came on for an administrative hearing on April 20, 2000, before the undersigned on the Complaint of Mrs. World Pageants, Inc., hereafter "Complainant", against Crown Promotions, hereafter "Respondent". Complainant was represented upon the written submitted record by Steven J. Brodie, Cohen, Berke, Bernstein, Brodie & Kondell, P.A., 2601 South Bayshore Dr., 19^th Floor, Miami, FL 33133. A written Response -- apparently on behalf of Respondent — was filed by Sandra J. Rennert, President of Best of America, Inc. Mrs. Rennert is listed as the contact person for the disputed domain name by Network Solutions. Upon the written submitted record, the following DECISION is made:

PROCEDURAL FINDINGS

• Domain Name: mrsworld.net
• Domain Name Registrar: Network Solutions, Inc.
• Domain Name Registrant: Crown Promotions, Inc.
• Date of Domain Name Registration:
• Date of Complaint Filed: March 13, 2000
• Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a) and Rule4(c): March 20, 2000

Due date for a Response: April 12, 2000

After reviewing the Complaint, and determining it was not in administrative compliance, the National Arbitration Forum (The Forum) required that Complainant correct the deficiencies within five days, which was done. The Forum then forwarded the Complaint to Respondent in compliance with Rules 2(a) and 4(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., the Internet Corporation for Assigned Names and Numbers (ICANN), the Complainant 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).

Respondent registered the domain name "mrsworld.net" with Network Solutions, the entity that is the Registrar of the domain name. Network Solutions verified that Respondent is the Registrant for the domain name "mrsworld.net", and that further by registering its domain name with Network Solutions, Respondent agreed to resolve any dispute regarding its domain name through ICANN’s rules for Uniform Domain Name Dispute Resolution Policy, and the Uniform Domain Name Dispute Resolution Policy.

FINDINGS OF FACT

1. Complainant is the owner of the Service Mark "MRS. WORLD®" (the "Mark"). It registered the Mark on August 16, 1988.
2. The domain name is "mrsworld.net." Except for punctuation and spacing, the Mark and the domain name are identical.
3. Respondent, in its Response, does not address the issues of similarity and confusion, or the legitimacy of the Respondent’s interest in the domain name, or the "good faith/bad faith" of the registration. Rather, and at best, the Response merely suggests that the Mark may be a "weak" mark and that its interest in the domain name was related to other business activities conducted by an entity known as "Crown Promotions."

 

CONCLUSIONS

4. The evidence is conclusive as to the first two elements set out at Paragraph 4 of the ICANN Policy. First, it is clear that Respondent’s domain name is identical to the Mark (or, if the absence of punctuation is significant, and I do not find it to be significant), the domain name is "confusingly similar" to the Mark. Paragraph 4(a) (i). Respondent has certainly shown no "rights or legitimate interests in respect of the domain name. Paragraph 4 (a) (ii).

5. The evidence also supports a finding that the domain name was "registered and is being used in bad faith." Paragraph (4)(a)(iii). Here, the provisions of Paragraph 4 (b) of the ICANN Policy provide guidance. Bad faith may be shown by demonstrating that use of the domain name involves an attempt "to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the [C]omplainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service." Paragraph (4) (b)( iv).

6. The Response indicates that the business plan envisioned by "Crown Productions" or its affiliate "Best in America" intends just such a result.

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 "mrsworld.net" REGISTERED BY RESPONDENT BE TRANSFERRED TO COMPLAINANT.

Dated: April 24, 2000, by R. Glen Ayers, Jr. (formerly United States Bankruptcy Judge), Arbitrator

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R. GLEN AYERS, JR.