Domain name - Domain name dispute resolution  policy - U.S. Service mark -Identical - Confusingly similar - U.S. Television show - Merchandise - No Response from respondent - Bad faith registration - Bad faith use.

Complainant is owner of registered service mark for "The Bold and the Beautiful" in relation to a television show and related merchandise.  Respondent registered the domain name, theboldandthebeautiful.com.  Evidence showed that Respondent is owner of numerous other domain names.  Respondent has attempted to auction off both disputed domain name and other domain names it has registered.

Complainant contends that domain name is identical to its service mark and is confusing to public, that Respondent has no rights or legitimate interest in domain name, and Respondent is not using the domain name to offer goods or services.  Respondent did not respond to complaint.

Held, Name should be transferred.

According to Paragraph 4(a) of Policy, Complainant must prove that (i) the domain name is identical or confusingly similar to service mark, and (ii) Respondent has no legitimate interest in respect of domain name, and (iii) domain name has been registered and is being used in bad faith.

Notice is taken of the fact that the "The Bold and the Beautiful" is a well-known television show in U.S. and other countries.  Even though there is no evidence showing that public was actually confused by Respondent's domain name registration, confusion is ineluctable since the service mark is identical to Respondent's domain name. 

From the evidence, it is inferred that Respondent's motive for registering the domain name was to sell it at auction.  This is not a legitimate right or business interest. 

Any one of the following are sufficient to show bad faith registration:  First, Respondent must have known of Complainant's service mark, and still has blocked the rightful owner of the service mark from registering the domain name; second, Respondent attempted to sell domain name at auction; and third, Respondent has engaged in a pattern of cybersquatting and has registered a number of domain names composed of famous names. 

Policies referred to

Uniform Domain Name dispute resolution Policy, adopted August 26, 1999
 

Foster, Panelist: --

1. The Parties

Complainant is Bell-Phillip Television Productions, Inc., a Delaware corporation with principal place of business at 7800 Beverly Boulevard, Suite 3371, Los Angeles, California 90036.

Complainant is represented by its legal counsel:

Ms. Lori N. Boatright
Blakely, Sokoloff, Taylor & Zafman, LLP
12400 Wilshire Boulevard, Seventh Floor
Los Angeles, CA 90025

Respondent is:

Make A. Aford (Tim Wenk)
276 Old Loudon Road
Latham, New York 12110

2. The Disputed Domain Name and the Registrar

The disputed domain name is <www.theboldandthebeautiful.com>. The registrar is Network Solutions, Inc., 505 Huntmar Park Drive, Herndon, VA 20170, U..S. A.

3. Procedural History

This Complaint is to be decided under the Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Domain Name Dispute Resolution Policy and Rules ("the Policy" and "the Rules") and the World Intellectual Property Organization Arbitration and Mediation Center's (the "Center") Supplemental Rules. The Center received the Complaint by Complainants via e-mail on March 17, 2000, and in hard copy on March 21, 2000. The required fee was paid. 

On March 21, 2000, the Center requested that Network Solutions, Inc. (NSI) of Herndon, Virginia inform the Center of the identity of the registrant for the domain name <www.theboldandthebeautiful.com>. Also on March 21, 2000, NSI responded to the Center
that the registrant was:

Make A. Aford

276 Old Loudon Road

Latham, New York 12110

Thereafter, the Center sent a copy of the Complaint to the Respondent by e-mail and by registered mail on March 24, 2000.  Respondent did not file a response by April 12, 2000, as required by the Policy and the Rules and, in fact, never filed any response at all. The Center informed Respondent on April 14, 2000, by e-mail and registered mail that Respondent was in default.

The Panel for this domain name dispute was appointed in accordance with para 6(f) of the Rules on April 20, 2000. The Sole Panelist had already submitted a Statement of Acceptance and Declaration of Independence on April 19, 2000.

This Panel agrees with the Center that the Complaint and all other communications were submitted in accordance with ICANN's Policy and Rules and the Center's Supplemental Rules.

This Decision is due by May 4, 2000.

4. Factual Background

The Complainant, Bell-Phillip Television Productions, Inc., is the owner of a service mark, The Bold and the Beautiful, which it has used for a well-known U. S. television show and for merchandising since 1987. Respondent registered the domain name <www.theboldandthebeautiful.com > on April 21, 1999. Complainant is seeking to have this domain name transferred to itself.

5. The Parties' Contentions

Complainant contends the following:

· Complainant is the owner of the service mark, The Bold and the Beautiful, which it registered on October 29, 1996, in the  United States of America, and which it previously began using for its well-known television show in 1987. The mark also is registered in several foreign countries. 

· The disputed domain name which Respondent registered, <www.theboldandthebeautiful.com>, is identical to Complainant's service mark and is confusing to the public. 

· Respondent has no rights or legitimate interests in the domain name. 

· Respondent is not using the disputed domain name to offer goods or services, but has instead attempted to sell the disputed domain name at internet auctions. 

· Respondent has registered numerous other domain names (for example, <www.viagraviagraviagra.com>), and is attempting to sell them as well. 

Requested Remedy

Complainant requests transfer of the domain name <www.theboldandthebeautiful.com> to Complainant.

Respondent Filed No Response

Under the Policy and the Rules, Respondent's default in responding allows this Panel to proceed to a decision based on the Complaint alone (the Rules, para 5(e). 

6. Discussion and Findings

Under ICANN Policy para 4(a), Complainant must prove the following in order to prevail and have the disputed domain name transferred to itself:

· that Respondent's domain name is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and 

· that Respondent has no rights or legitimate interests in respect of the domain name; and 

· the domain name has been registered and is being used in bad faith.

Identical or Confusingly Similar

The Complainant has provided (Complaint Exhibit C) a copy of the U.S. Patent and Trademark Office registration no. 2,011,380 showing Complainant filed for the service mark The Bold and the Beautiful on November 21, 1994, and that this service mark was granted and registered on the Principal Register on October 29, 1996. In addition, this Panel takes note of the fact that Complainant's television show, The Bold and the Beautiful, is well-known in the United States and many foreign countries.  Complainant states this television show has been broadcast since 1987. 

The Complainant has not offered evidence that members of the public were actually confused by the Respondent's domain name registration. Nonetheless, given that Respondent's domain name, www.theboldandthebeautiful.com, is identical with Complainant's service mark, this Panel finds that confusion is ineluctable (the Policy para 4(a). 

Whether Respondent Has Rights or Legitimate Interests in the Domain Name

Complainant has shown (Complaint Exhibit E) that Respondent attempted to auction the disputed domain name at the website <http://auctions.yahoo.com/auction/12014106>. The auction price had reached seven thousand dollars U.S. ($7,000 U.S.) by March 4, 2000. Accordingly, this Panel infers that Respondent's motive for registering the disputed domain name was to sell it at auction on the internet for substantially more than Respondent paid for it (also a strong indication of bad faith as we discuss below). This is not a legitimate right or business interest under the Policy para 4(a), and no other right or interest is apparent.

Therefore, this Panel finds Complainant has demonstrated Respondent has no legitimate right or business interest in the disputed domain name.

Domain Name Registration in Bad Faith

Complainant has offered proof of three (3) instances of Respondent's bad faith in registering the disputed domain name. First, Complainant's service mark (Exhibit C), The Bold and the Beautiful, has been registered since October 29, 1996, and is well-known throughout the United States of America and in many other countries. Respondent must have known this when it registered the domain name <www.theboldandthebeautiful.com>. Complainant's television show of the same name has been airing since 1987. Respondent has blocked the rightful owner of the service mark, Complainant, from registering the domain name. 

Second, as already discussed, Complainant has shown (Exhibit F) that Respondent attempted to resell the disputed name at auction on the internet at http://auctions.yahoo.com/auctions/12014106 .

Third, Complainant has shown (Exhibit F) that Respondent engaged in a pattern of cybersquatting, and registered a number of other domain names, some of them famous names such as www.viagraviagraviagra.com. Respondent is attempting to auction these domain names as well for prices reaching almost four hundred thousand dollars U.S. ($400,00 U.S.). Any one of these proved instances of conduct would suffice to show bad faith. Taken together, they leave no room for doubt that Respondent registered the disputed domain name in bad faith (the Policy para 4(b).

This Panel finds Complainant has proved Respondent's bad faith in registering the domain name <www.theboldandthebeautiful.com>.

7. Decision

In view of the above findings, and pursuant to ICANN Policy para 4(i) and Rule 15, this Panel orders that the disputed domain name, <www.theboldandthebeautiful.com>, be transferred to the Complainant, Bell-Phillip Television Productions, Inc. The Respondent, Make A. Aford, has no legitimate interest in this domain name, which Respondent registered and is using in bad faith.
 

Dennis A. Foster
Presiding Panelist
Dated:  May 2, 2000

Domain Name Transferred