Complainant is Public Broadcasting Service, Alexandria, VA, USA ("Complainant"), of Public Broadcasting Service. Respondent is Registrate Co., Seoul Korea, Korea ("Respondent").

The domain names at issue are <wwwpbskids.com> and <wwwpbskids.org> registered with BulkRegister.com, Inc.

The undersigned certifies that he has acted independently and impartially and to the best of his knowledge, has no known conflict in serving as Panelist in this proceeding.

Complainant submitted a Complaint to the National Arbitration Forum (the "Forum") electronically on June 25, 2001; the Forum received a hard copy of the Complaint on June 26, 2001.

On June 27, 2001, BulkRegister.com, Inc. confirmed by e-mail to the Forum that the domain names <wwwpbskids.com> and <wwwpbskids.org> are registered with BulkRegister.com, Inc. and that Respondent is the current registrant of the name. BulkRegister.com, Inc. has verified that Respondent is bound by the BulkRegister.com, Inc. registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the "Policy").

On June 27, 2001, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of July 17, 2001 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts, and to postmaster@wwwpbskids.com and postmaster@wwwpbskids.org by e-mail.

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 July 23, 2001, pursuant to Complainant’s 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, the Administrative Panel (the "Panel") finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "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 Forum’s Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any Response from Respondent.

Complainant requests that the domain names be transferred from Respondent to Complainant.

A. Complainant

The <wwwpbskids.com> and <wwwpbskids.org> domain names are confusingly similar to Complainant’s registered PBS KIDS and PBS family of marks.

Respondent has no rights or legitimate interests in the <wwwpbskids.com> and <wwwpbskids.org> domain names.

Respondent registered and used the <wwwpbskids.com> and <wwwpbskids.org> domain names in bad faith.

B. Respondent

Complainant has used its PBS KIDS mark in connection with its PBS television network and related programming and various goods since 1997. Complainant registered the PBS KIDS mark on the Principal Register of the United States Patent and Trademark Office (USPTO) on January 11, 2000 as Registration No. 2,306,930. Complainant also has several other PBS KIDS mark applications pending with the USPTO.

Complainant also operates websites located at <pbs.org>, <pbskids.com>, and <pbskids.org>, inter alia, which provide noncommercial, safe, and educational online space to provide children with online games that both entertain and educate.

Respondent registered the <wwwpbskids.com> and <wwwpbskids.org> domain names on November 14, 2000, and has linked the disputed domain names to various websites offering pornographic material and gambling services.

Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."

In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of the Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules.

Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following three elements to obtain an order 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.

Complainant has established rights in the PBS KIDS mark based on its registration with the USPTO. It is not necessary that Complainant’s establish rights in its mark in a jurisdiction where Respondent resides. See Koninklijke KPN N.V. v. Telepathy Inc., D2001-0217 (WIPO May 7, 2001) (finding that the Policy does not require that the mark be registered in the country in which a Respondent operates. It is sufficient that a Complainant can demonstrate a mark in some jurisdiction).

The <wwwpbskids.com> and <wwwpbskids.org> domain names are confusingly similar to Complainant’s PBS KIDS mark as they incorporate the mark in its entirety combined with the the letters "www." The addition of these letters to the beginning of Complainant’s mark, in an attempt to attract Internet users who may have inadvertently overlooked the addition of the period in-between the "www" and "pbskids" makes the disputed domain names confusingly similar to Complainant’s mark. See Bank of Am. Corp. v. InterMos, FA 95092 (Nat. Arb. Forum Aug. 1, 2000) (finding that Respondent’s domain name <wwwbankofamerica.com> is confusingly similar to Complainant’s registered trademark "Bank of America" because it "takes advantage of a typing error (eliminating the period between the www and the domain name) that users commonly make when searching on the Internet").

Respondent has failed to come forward to demonstrate it has rights or legitimate interests in the <wwwpbskids.com> and <wwwpbskids.org> domain names. See Talk City, Inc. v. Robertson, D2000-0009, (WIPO Feb. 29, 2000) ("In the absence of a response, it is appropriate to accept as true all allegations of the Complaint").

Furthermore, there is a presumption that Respondent has no rights or legitimate interests with respect to a disputed domain name where Respondent fails to submit a response. See Pavillion Agency, Inc. v. Greenhouse Agency Ltd., D2000-1221 (WIPO Dec. 4, 2000) (finding that Respondents’ failure to respond can be construed as an admission that they have no legitimate interest in the domain names).

It is not a bona fide offering of goods or services for Respondent to link the <wwwpbskids.com> and <wwwpbskids.org> domain names to websites which offer pornographic material and gambling services. See MatchNet plc v. MAC Trading, D2000-0205 (WIPO May 11, 2000) (finding that it is not a bona fide offering of goods or services to use a domain name for commercial gain by attracting Internet users to third party sites offering sexually explicit and pornographic material, where such use is calculated to mislead consumers and tarnish the Complainant’s mark); see also Société des Bains de Mer v. International Lotteries, D2000-1326 (WIPO Jan. 8, 2001) (finding no rights or legitimate interests where Respondent used the <casinomontecarlo.com> and <montecarlocasinos.com> domain names in connection with an online gambling website).

There is no evidence in the record, and Respondent has not come forward to establish that it is commonly known by the <wwwpbskids.com> and <wwwpbskids.org> domain names, pursuant to Policy ¶ 4(c)(ii). See Gallup Inc. v. Amish Country Store, FA 96209 (Nat. Arb. Forum Jan. 23, 2001) (finding that Respondent does not have rights in domain name when Respondent is not known by the mark).

Furthermore, there is no evidence that demonstrates Respondent is making a legitimate noncommercial, or fair use of the <wwwpbskids.com> and <wwwpbskids.org> domain names pursuant to Policy ¶ 4(c)(iii). See Broadcom Corp. v. Intellifone Corp., FA 96356 (Nat. Arb. Forum Feb. 5, 2001) (finding no rights or legitimate interests because Respondent is not commonly known by the disputed domain name or using the domain name in connection with a legitimate or fair use); see also AltaVista v. Krotov, D2000-1091 (WIPO Oct. 25, 2000) (finding that use of the domain name to direct users to other, unconnected websites does not constitute a legitimate interest in the domain name).

The Panel finds that Respondent has no rights or legitimate interests in the disputed domain names, and that Policy ¶ 4(a)(ii) has been satisfied.

Respondent’s use of the <wwwpbskids.com> and <wwwpbskids.org> domain names to redirect Internet users to websites containing pornographic material and gambling services is evidence of bad faith. See Brown & Bigelow, Inc. v. Rodela, FA 96466 (Nat. Arb. Forum Mar. 5, 2001) (use of another's well known mark to provide a link to a pornographic site is evidence of bad faith registration and use); see also MatchNet plc. v. MAC Trading, D2000-0205 (WIPO May 11, 2000) (finding that association of a confusingly similar domain name with a pornographic website constitutes bad faith).

Furthermore, bad faith is evidenced by the fact that Respondent is attracting Internet users, assumedly for commercial gain, to Respondent’s website by creating a likelihood of confusion with Complainant’s PBS KIDS mark, pursuant to Policy ¶ 4(b)(iv). See State Fair of Texas v. Granbury.com, FA 95288 (Nat. Arb. Forum Sept. 12, 2000) (finding bad faith where the Respondent registered the domain name <bigtex.net> to infringe on the Complainant’s good will and attract Internet users to the Respondent’s website).

The Panel finds that Policy ¶ 4(a)(iii) has been satisfied.

Having established all three of the elements under the ICANN Policy, the Panel concludes that the requested relief should be hereby granted.

Accordingly, it is Ordered that the <wwwpbskids.com> and <wwwpbskids.org> domain names be transferred from Respondent to Complainant.