Donald J.
Trump and Trump Hotels & Casino Resorts, Inc. v. Niall Thewlis
Claim Number: FA0109000099706
PARTIES
The Complainant is Donald J. Trump and Trump Hotels & Casino Resorts, Inc., New York, NY (“Complainant”) represented by Melissa L. Klipp, of Drinker Biddle & Shanley LLP. The Respondent is Niall Thewlis, Virginia Water, Great Britian (“Respondent”).
REGISTRAR AND
DISPUTED DOMAIN NAME
The domain name at issue is <trumpscasino.com>, registered with Register.com.
PANEL
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.
Theodore R. Kupferman as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum (“the Forum”) electronically on September 13, 2001; the Forum received a hard copy of the Complaint on September 17, 2001.
On September 24, 2001, Register.com confirmed by e-mail to the Forum that the domain name <trumpscasino.com> is registered with Register.com and that the Respondent is the current registrant of the name. Register.com has verified that Respondent is bound by the Register.com 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 September 24, 2001, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of October 15, 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@trumpscasino.com by e-mail.
A timely response was received and determined to be complete on October 15, 2001.
Although received after the deadline for submissions and without the required fee or proof of service on the complainant, I accept for consideration the supplemental statement by the Respondent.
On
October 31st, 2001, pursuant to Complainant’s request to have the
dispute decided by a single-member Panel,
the Forum appointed Theodore R. Kupferman as Panelist.
RELIEF SOUGHT
The Complainant requests that the domain name be transferred from Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
That Respondent is not making a fair use of the disputed domain name, which is the Family name of the Complainant. Adding the generic word “casino” merely compounds the confusing similarity because Complainant is engaged in the “casino” business.
B. Respondent
Respondent contends that the word “trump” in England merely refers to card playing and Respondent’s use is only to facilitate “online gambling”.
C. Additional Submissions
Respondent contends that the Internet is a global entity, not just in the United States.
FINDINGS
I find that: 1) The domain name registered by Respondent is confusingly similar to Complainant’s “TRUMP” service mark registered prior to Respondent’s use. 2) The Respondent has shown no valid reason for using the name “Trump” other than the allegation that it is generic in England for card playing. 3) The Respondent seeks to reap what it has not sown and has no legitimate interest in the domain name.
Accordingly, the
Respondent’s registration for <trumpscasino.com> should be transferred to
Complainant.
DISCUSSION
Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (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.”
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.
Identical and/or
Confusingly Similar
The domain name registered by Respondent is confusingly similar to Complainant’s “TRUMP” service mark registered prior to Respondent’s use.
Rights or
Legitimate Interests
The Respondent has shown no valid reason for using the name “Trump” other than the allegation that it is generic in England for card playing.
Registration and
Use in Bad Faith
The Respondent seeks to reap what it has not sown and has no legitimate interest in the domain name.
DECISION
The Respondent’s registration for <trumpscasino.com> should be transferred to the Complainant.
Theodore R. Kupferman, Panelist
Dated: November 14, 2001
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