Reed Elsevier Inc. and Reed
Elsevier Properties Inc. v. Law Office of Jessie Lyons Crawford, LLC
Claim Number: FA1001001304933
PARTIES
Complainant is Reed Elsevier Inc. and Reed Elsevier Properties Inc. (“Complainant”), represented by Tara M. Vold, of Fulbright & Jaworski L.L.P., Washington D.C., USA. Respondent is Law Office of Jessie Lyons Crawford, LLC (“Respondent”), Maryland, USA.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <martindalehubbellmaryland.com>, <martindalehubbellmd.com>,
and <martindalehubbleinbaltimore.com>,
registered with Godaddy.com, Inc.
PANEL
The undersigned certifies that he or she has acted independently and
impartially and to the best of his or her knowledge has no known conflict in
serving as Panelist in this proceeding.
Joel M. Grossman, Esq., as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on January 26, 2010; the
National Arbitration Forum received a hard copy of the Complaint on January 27, 2010.
On January 27, 2010, Godaddy.com, Inc. confirmed by e-mail to the
National Arbitration Forum that the <martindalehubbellmaryland.com>, <martindalehubbellmd.com>,
and <martindalehubbleinbaltimore.com>
domain names are registered with Godaddy.com,
Inc. and that the Respondent is the current registrant of the name. Godaddy.com,
Inc. has verified that Respondent is bound by the Godaddy.com, Inc. 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 January 29, 2010, a
Notification of Complaint and Commencement of Administrative Proceeding (the
“Commencement Notification”), setting a deadline of February 18, 2010 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@martindalehubbellmaryland.com,
postmaster@martindalehubbellmd.com, and postmaster@martindalehubbleinbaltimore.com by e-mail.
Respondent did not indicate assent to participate in an electronic
process; therefore Respondent’s submission was required to be sent in hard copy
per the version of UDRP Rule 5 currently in effect.
A Response was received and determined to be deficient pursuant to
ICANN Rule #5 because it was received in hard copy only prior to the February 18, 2010 Response deadline.
On March 1, 2010, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Joel M. Grossman, Esq., as Panelist.
RELIEF SOUGHT
Complainant requests that the domain names be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Complainant is the owner of the registered trademark
Martindale-Hubbell, and contends that each of the three domain names in dispute
is identical to, or confusingly similar to, this mark. Complainant notes that
the misspelling of part of the mark in one of the domain names is of no
consequence. The use of the mark with an additional geographic term, such as
B. Respondent
Respondent states that it is agreeable to transfer the three domain
names to Complainant. It is unable to do so immediately because Go Daddy has
blocked the account. Respondent does not address the three issues set forth
above.
PRELIMINARY ISSUE
The Panel notes that Respondent has not complied with the National
Arbitration Forum’s rules. Specifically, Respondent has not provided a hard
copy of the Response, but only an electronic version of the Response, while at
the same time Respondent has not provided an opt-in form to the eUDRP process.
While the Panel may, at its discretion, determine to reject the Response, given
that the Respondent consents to the transfer of the three domain names at
issue, the Panel will accept the Response as submitted.
FINDINGS
In light of the fact that Respondent does not
contest the transfer of the domain names to Respondent, the Panel is not
required to, and determines not to issue findings in this matter, other than to
order that the three domain names at issue be transferred from Respondent to
Complainant. SeeBoehringer
Ingelheim Int’l GmbH v. Modern Ltd.—Cayman Web Dev., FA 133625 (Nat. Arb.
Forum Jan. 9, 2003).
DISCUSSION
Paragraph 15(a) of the Rules for Uniform Domain
Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a
complaint on the basis of the statements and documents submitted in accordance
with the Policy, these Rules and any rules and principles of law that it deems
applicable.”
Paragraph 4(a) of the Policy requires that the Complainant must prove
each of the following three elements to obtain an order that a domain name
should be cancelled or transferred:
(1) the domain name registered by the Respondent
is identical or confusingly similar to a trademark or service mark in which the
Complainant has rights;
(2) the Respondent has no rights or legitimate
interests in respect of the domain name; and
(3) the domain name has been registered and is being
used in bad faith.
As set forth above, because Respondent
consents to the transfer of the domain names, the Panel will not discuss any of
the issues presented.
As set forth above, because Respondent
consents to the transfer of the domain names, the Panel will not discuss any of
the issues presented.
As set forth above, because Respondent
consents to the transfer of the domain names, the Panel will not discuss any of
the issues presented.
DECISION
Having established all three elements required under the ICANN Policy,
the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <martindalehubbellmaryland.com>, <martindalehubbellmd.com>,
and <martindalehubbleinbaltimore.com>
domain name be TRANSFERRED from Respondent to Complainant.
Joel M. Grossman, Panelist
Dated: March 15, 2010
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