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WIPO Domain Name Decisions D2001-0218

By Dorothy Cook,2014-01-06 20:27
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WIPO Domain Name Decisions D2001-0218

    WIPO Arbitration and Mediation Center

    ADMINISTRATIVE PANEL DECISION

    The Professional Golfers’ Association of America v. Golf Fitness Inc., a/k/a Golf Fitness

    Association

    Case No. D2001-0218

    1. Parties

The Complainant in this administrative proceeding is The Professional Golfers’

    Association of America, an international sports organization incorporated under the laws of Florida with its principal place of business located at 100 Avenue of the Champions, Palm Beach Gardens, Florida 33410, U.S.A.

    The Respondent is Golf Fitness Inc, which is located at 2187 Newcastle, Suite 101, Cardiff, California 92007, U.S.A.

    2. Domain Name and Registrar

    The domain name in dispute is as follows: <pgamagazine.com>. The domain name was registered by Respondent with Network Solutions, Inc. (NSI) on December 2, 1999.

    3. Procedural Background

    On February 9, 2001, the WIPO Arbitration and Mediation Center received from Complainant via e-mail a complaint for decision in accordance with the Uniform Domain Name Dispute Resolution Policy, adopted by the Internet Corporation of Assigned Names and Numbers (ICANN) on August 26, 1999 (“Policy”), the Rules for Uniform Domain Name Dispute Resolution Policy, approved by ICANN on October 24, 1999 ("Rules"), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (Supplemental Rules).

    The Complaint was filed in compliance with the requirements of the Rules and the Supplemental Rules, payment was properly made, the administrative panel was properly constituted, and the panelist submitted the required Statement of Acceptance and Declaration of Impartiality and Independence.

    The instant Administrative Proceeding was commenced on February 22, 2001.

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Respondent failed to file a response and a Notification of Respondent’s Default, dated

    March 14, 2001, was sent by WIPO to Respondent.

    The decision of the Panel was due to WIPO on or before April 5, 2001.

    4. Factual Background

The Professional Golfers’ Association of America (“PGA America”) is an organization of

    professional golfers whose members promote the game of golf, organize professional golf tournaments, and provide golf instruction services, golf shop and golf club professional management services, and other golf-related services throughout the U.S.

    For over seventy (70) years, PGA of America has made extensive use of various PGA-related marks and has promoted such marks through television and print media, Internet websites, trade show exhibitions, and the like. In addition, since the early 1960’s, PGA of

    America has used the “PGA MAGAZINE” mark in connection with a magazine devoted to golf enthusiasts.

    PGA of America owns a number of U.S. trademark registrations for PGA-related marks, including Registration No. 578,653 for the mark PGA; Registration No. 1,161,168 for the mark PGA CHAMPIONSHIP; and Registration No. 2,240,485 for PGA TOUR

    PARTNERS OFFICIAL MEMBER MAGAZINE OF THE PGA TOUR PARTNERS’