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COMPLAINANT, Vs. Hale Groves Consulting RESPONDENT. __________________________________ DECISION The above entitled matter came on for an administrative hearing on March 18, 2000 before the undersigned on the Complaint of Hale Indian (Hale Indian River Groves, Inc.), hereinafter referred to as "Complainant", against Hale Groves, (Hale Groves Consulting), hereinafter referred to as "Respondent". Complainant was represented by Thomas L. Kautz, One East Broward Boulevard, Suite 1300, Ft. Lauderdale, Florida, 33302-4070. There was no representation on behalf of the Respondent. Upon the written submitted record, the following DECISION is made:
PROCEDURAL FINDINGS Domain Name: halegroves.com Domain Name Registrar: Network Solutions, Inc. Domain Name Registrant: Hale Groves Consulting Date of Domain Name Registration: September 17, 1997 Date Amended Complaint Filed: February 7, 2000 Date of Commencement of Administrative Proceeding in Accordance with Rule 2(a) and Rule 4(c): February 9, 2000 Due date for a Response: March 3, 2000. Respondent did not submit a Response to the Complaint. After reviewing the Complaint, and determining it to be in administrative compliance, the National Arbitration Forum (The Forum) forwarded the Complaint to the Respondent on March 6, 2000 in compliance with 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, Inc. (Network Solutions), the Internet Corporation for Assigned Names and Numbers (ICANN), and the Complainant that the administrative proceeding had commenced. Respondent did not submit a response to The Forum within twenty (20) days pursuant to Rule 5(a). On September 17, 1997, Respondent registered the domain name "halegroves.com" with Network Solutions, the entity that is the Registrar of the domain name. By registering its domain name with Network Solutions, Respondent agreed to resolve any dispute regarding its domain name through ICANN's Rules for Uniform Domain Name Dispute Resolution and the Uniform Domain Name Dispute Resolution Policy. Any reference to "Rule" or "Rules" are to ICANN's Rules for Uniform Domain Name Dispute Resolution Policy and Uniform Domain Name Dispute Resolution Policy as supplemented by the National Arbitration Forum's Supplemental Rules to ICANN's Uniform Domain Resolution Policy.
FINDINGS OF FACT
1. The Complainant is the owner of trademarks and service marks for names that include "Hale", "Hale and Design" and "Hale Groves". 2. Complainant has utilized the names and marks "Hale" and "Hale Groves" from 1947 through the present in connection with the distribution and sale of various tropical plants and gift baskets containing different combinations of fruits, gourmet food items and specialty gifts. These names are utilized by Complainant for the sale of these items to retail customers throughout the United States and in a number of foreign countries and Complainant has expended substantial effort and money promoting its business utilizing the name Hale and Hale Groves and has developed extensive goodwill through such practices. 3. The Respondent registered the domain name halegroves.com in bad faith and has no right or legitimate interest in respect of said domain name. The following is evidence of Respondent's bad faith. a. The Respondent registered the domain name after Complainant's long use of Hale Groves. b. The Respondent has made no legitimate use of the domain name, "halegroves.com" and it seeks to profit from the registration of the domain name which is evidenced by its offer to sell the domain name to the Complainant for $5,000. 4. Complainant's prayer for relief requests that the domain name "halegroves.com" be transferred from Respondent to Complainant.
CONCLUSIONS
The undersigned certifies that he has acted independently and has no known conflict of interest to serve as the Arbitrator in this proceeding. Having been duly selected, and being impartial, the undersigned makes the following findings and conclusions: 1. The domain name "halegroves.com" registered by Respondent on September 17, 1997 with Network Solutions, is identical to Complainant Hale Groves Mark and is confusing with or similar to other Hale marks in which Complainant has rights, and to which Respondent has no rights or legitimate interests. 2. Respondent registered and acquired the domain name "halegroves.com" primarily for the purpose of selling or otherwise transferring the said domain name registration to the Complainant who is the owner of the trade mark or service mark, or to a competitor of the Complainant, for valuable consideration in excess of Respondent'' out-of-pocket costs directly related to the domain name in bad faith.
DECISION Based upon the above findings and conclusions, it is decided as follows: THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME "halegroves.com" REGISTERED BY RESPONDENT HALE GROVES CONSULTING BE TRANSFERRED TO COMPLAINANT HALE INDIAN RIVER GROVES, INC. Dated: March 20, 2000, Edmund P. Karem, (Ret. Ky. Circuit Court Judge),
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