HCPRO Inc. v.
Claim Number: FA0801001140938
PARTIES
Complainant is HCPRO Inc. (“Complainant”), represented by Michael
H. Bunis, of Fish & Richardson P.C.,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <hcpromarketplace.com>, registered
with Compana,
LLC.
PANEL
The undersigned certifies that she has acted independently and
impartially and to the best of her knowledge has no known conflict in serving
as Panelist in this proceeding.
Beatrice Onica Jarka as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on January 29, 2008; the
National Arbitration Forum received a hard copy of the Complaint on January 30, 2008.
On February 11, 2008, Compana, LLC confirmed by e-mail to the National
Arbitration Forum that the <hcpromarketplace.com> domain name is
registered with Compana, LLC and that the
Respondent is the current registrant of the name. Compana, LLC
has verified that Respondent is bound by the Compana,
LLC 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 February 12, 2008, a
Notification of Complaint and Commencement of Administrative Proceeding (the
“Commencement Notification”), setting a deadline of March 3, 2008 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@hcpromarketplace.com by
e-mail.
A timely Response was received and determined to be complete on March 3, 2008.
On March 7, 2008, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Beatrice Onica Jarka as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
The Complainant contends
that:
·
disputed Domain Name registered by Respondent is
confusingly similar to the trademarks HCPRO and HCPRO’S HEALTHCARE MARKETPLACE in which Complainant has rights;
·
Respondent has no rights or legitimate interests
in the disputed Domain Name because: (i)
Complainant has not authorized Respondent to use Complainant’s Marks; (ii)
Respondent (as an individual, business, or other organization) whose name is “Texas
International Property Associates” has not been commonly known by the disputed Domain
Name, even if Respondent has not acquired trademark or service mark rights;
(iii), Respondent is not making a legitimate noncommercial or fair use of the disputed
Domain Name as
this resolves to a commercial pay-per-click website from which Respondent
presumably receives referral fees and some of the sites linked to the website
at the disputed Domain Name are competitors of Complainant.
·
Respondent’s registration and use of the disputed Domain
Name should be considered as having been registered and used in bad faith because: Respondent was on notice of Complainant’s
rights in the registered trademark HCPRO and was also aware of Complainant’s
trademark rights in HCPRO’S HEALTHCARE MARKETPLACE; because Respondent acquired
the disputed Domain Name for the purpose of diverting traffic from
Complainant’s websites to Respondent’s website for Respondent’s commercial
gain, thereby creating confusion and disrupting Complainant’s business; and)
Respondent has been previously
adjudicated to be a cybersquatter by previous UDRP Panels.
B. Respondent
By the Response submitted in these proceedings on March 3, 2008 the Respondent provides that it agrees to the relief requested by the Complainant and will, upon order of the Panel, do so.
FINDINGS
The Panel will not make any findings of fact, for the reasons explained
below.
DISCUSSION
Respondent does not contest any of
Complainant’s allegations regarding the <hcpromarketplace.com> domain name.
Rather,
Respondent has consented to judgment in favor of Complainant and authorized the
immediate transfer of the subject domain name.
In this circumstance the Panel
shall find it will forego the traditional UDRP analysis and order the immediate
transfer of the domain name. See
Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625
(Nat. Arb. Forum Jan. 9, 2003) (transferring the domain name registration where
the respondent stipulated to the transfer); see also Malev Hungarian
Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat Arb. Forum Jan. 13,
2004) (“In this case, the parties have both asked for the domain name to be
transferred to the Complainant . . . Since the requests of the parties in
this case are identical, the Panel has no scope to do anything other than to
recognize the common request, and it has no mandate to make findings of fact or
of compliance (or not) with the Policy.”); see also Disney Enters., Inc. v.
Morales, FA 475191 (Nat. Arb. Forum June 24, 2005) (“[U]nder such
circumstances, where Respondent has agreed to comply with Complainant’s
request, the Panel felt it to be expedient and judicial to forego the
traditional UDRP analysis and order the transfer of the domain names.”).
DECISION
Given the common
request of the parties it is Ordered
that the <hcpromarketplace.com>
domain name be TRANSFERRED from Respondent to Complainant.
Beatrice Onica Jarka Panelist
Dated: March 18, 2008
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