Habersham Plantation Corporation v. Richard Thomas and Jenny Thomas
Claim Number: FA0701000904220
Complainant is Habersham Plantation Corporation (“Complainant”), represented by Paul
D. McGrady, of Greenberg Traurig, LLP,
REGISTRAR AND DISPUTED DOMAIN
NAME
The domain name at issue is <habershamhome.com>, registered with Innerwise, Inc. d/b/a Itsyourdomain.com.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.
James A. Carmody, Esq., as Panelist.
Complainant submitted a Complaint to
the National Arbitration Forum electronically on
On
On January 31, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of February 20, 2007 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@habershamhome.com by e-mail.
Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On
On
On
Remove the Stay of Administrative
Proceeding. On
On
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
1. Respondent’s <habershamhome.com> domain name is confusingly similar to Complainant’s HABERSHAM mark.
2. Respondent does not have any rights or legitimate interests in the <habershamhome.com> domain name.
3. Respondent registered and used the <habershamhome.com> domain name in bad faith.
B. Respondent failed to submit a Response in this proceeding.
PRELIMINARY
ISSUE
Complainant’s representative, via e-mail correspondence, has indicated that civil litigation concerning the disputed domain name has commenced. Pursuant to ICANN Rule 18(a), the Panel has discretion to either proceed with or suspend the administrative proceeding.
In accordance with Rule 17(b), the Panel chooses to
terminate the administrative proceeding and hereby dismisses this Complaint
without prejudice. See Lutton Invs., Inc. v.
Darkhorse Distrib., Inc., FA 154142 (Nat. Arb. Forum
It is Ordered that the Complaint be DISMISSED without prejudice.
James A. Carmody, Esq., Panelist
Dated: March 23, 2007
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page
National
Arbitration Forum