Mary Kay is a brand of skin care cosmetics and color cosmetics sold by Mary Kay Inc .
Mary Kay Inc is the owner of many registrations for the "Mary Kay" mark with the United States Patent and Trademark Office.
Therefore,Mary Kay Inc. represented by John D. Wiseman in this case,contended in the application that the domain names are confusingly similar to its trademark.
Moreover,he contended in the application that the respondent,Bunie.com ,registered and used the disputed domain names in bad faith.
"The <wwwmarykay.com> and <maykay.com> disputed domain names which were registered on January 13, 2000 and February 13, 2000, respectively, each resolve to the unrelated commercial website located at the <terapeak.com> domain name. The Panel presumes that Respondent is profiting through this diversion scheme and thus, Respondent is attempting to capitalize on the goodwill that Complainant has established in its MARY KAY mark. Therefore, the Panel concludes that Respondent has engaged in bad faith registration and use"
Because the respondent failed to submit a response in this proceeding and because the complainant managed to demonstrate all the elements required,the Panel ordered the two domain names to be transferred from the respondent to the complainant.
You can view the decision here .