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Genetics & IVF Institute vs. E.Z.O.F. DECISION The above entitled matter came on for an administrative hearing on May 18, 2000 before a panel of three arbitrators on the Complaint of Genetics & IVF Institute ("Complainant"), represented by Paul Devinsky, Esq., McDermott, Will & Emery, 600 13th Street NW, Washington, D.C. 20005, against Etian Zviely and Oded Fisher, d/b/a E.Z.O.F. (collectively "Respondent"), represented by Matt. J. Railo, Esq., Mitchell Silberberg & Knupp LLP, 11377 West Olympic Boulevard, Los Angeles, CA 90064. Upon the written submitted record including the Complaint, the Response to Complaint, Complainants Rebuttal to Respondents Reply to the Complaint, Respondents Response to the Rebuttal and the Further Statements of each party (requested by the panel), the following DECISION is rendered:
PROCEDURAL FINDINGS
U.S. Trademark Registration 2,049,707 Trademark: MICROSORT U.S. Patent and Trademark Office Trademark Registrant: Genetics & IVF Institute, a Virginia corporation Date of Registration: August 7, 1998
Domain Name: microsort.com Domain Name Registrar: Network Solutions, Inc. Domain Name Registrant: E.Z.O.F Date of Domain Name Registration: March 30, 1998
Domain Name: micro-sort.com Domain Name Registrar: Network Solutions, Inc. Domain Name Registrant: E.Z.O.F. Date of Domain Name Registration: November 4, 1998
Date Complaint Filed: March 23, 2000 Date Response to Complaint Filed: April 17, 2000. Filing was timely.
After reviewing the complaint, and determining it to be in administrative compliance, the National Arbitration Forum ("Forum") forwarded the Complaint to the Respondent on March 27, 2000 in compliance with Rule 2(a) and the administrative proceeding was commenced pursuant to Rule 4(c). In compliance with Rule 4(d), the Forum immediately notified Network Solutions that the administrative proceeding had commenced. The Complainant elected to have this administrative proceeding conducted by a three-arbitrator panel and paid the appropriate fee for same. The Complaint, the Response, Complainants Rebuttal to Respondents Reply to Complaint and the Objection of Respondent to Consideration by the Panel of the Rebuttal, Respondents Response to the Rebuttal as well as the Further Statements of each party requested by the panel pursuant to Rule 12, were docketed and forwarded to each of the undersigned arbitrators for decision.
FINDINGS OF FACT
CONCLUSION
The undersigned arbitrators certify that they have acted independently and have no known conflict of interest to serve on the arbitral panel in this proceeding. Having been duly selected, and being impartial, the undersigned make the following conclusions:
DECISION
Based upon the above findings and conclusions, and pursuant to Rule 4(i) of the ICANNs Rules for Uniform Domain Name Dispute Resolution Policy and the National Arbitration Forums Supplemental Rules to ICANNs Uniform Domain Resolution Policy, it is decided as follows:
THE UNDERSIGNED DIRECT THAT THE DOMAIN NAMES "MICROSORT.COM" AND "MICRO-SORT.COM," REGISTERED BY RESPONDENT E.Z.O.F, BE FORTHWITH TRANSFERRED TO COMPLAINANT GENETICS & IVF INSTITUTE.
Signed this 19th May, 2000
___________________________ Hon. Richard DiSalle, Chairman Rose Schmidt Hasley & DiSalle, P.C. 900 Oliver Building, Pittsburgh, PA 15222
____________________________ Roderick M. Thompson, Esq. Farella Braun & Martel, LLP Russ Building, 30th Floor 235 Montgomery Street San Francisco, CA 94104
_____________________________ James A. Carmody, Esq. Attorney & Arbitrator 5718 Westheimer, Suite 1010 Houston, TX 77057
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URL: http://www.worldlii.org/int/other/GENDND/2000/348.html