Sarah Elena Loaiza, d/b/a

Latino Healthcare Consultants

COMPLAINANT

vs.

LatinoWeb.com

RESPONDENT

DECISION
FILE NO.: FA0002000094190

The above-entitled matter came on for an administrative hearing on April 19, 2000 before the undersigned arbitrator on the Complaint of Sarah Elena Loaiza, d/b/a Latino Healthcare Consultants, appearing by its counsel, William A. Molinski, Orrick, Herrington & Sutcliffe, 777 S. Figueroa Street, Suite 3200 Los Angeles, CA 90017 ("LHC" or "Complainant"), against LatinoWeb.com, c/o German Aranda, P.O. Box 3877, Montebello, CA 90640 ("LatinoWeb" or "Respondent") who did not submit a response or otherwise appear personally or through counsel. Upon the written submitted record, including only the Complaint, the following DECISION is rendered:

PROCEDURAL FINDINGS

Domain Name: latinohealthcare.com

Domain Name Registrar: Network Solutions

Domain Name Registrant: Latino Healthcare

Administrative Contact: German Aranda

Date of Domain Name Registration: January 24, 1999

Date Complaint Filed: February 22, 2000

Date of Commencement of the Administrative Proceeding in Accordance with Rule 2(a) and

Rule 4(c): March 21, 2000

Due Date for Response: April 10, 2000. No Response filed.

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 25, 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 Complaint was then docketed and forwarded to the undersigned arbitrator for decision. Respondent did not submit a response to the Forum within twenty (20) days pursuant to Rule 5(a).

 

FINDINGS OF FACT

 

1. On February 25, 2000, Network Solutions confirmed that Respondent registered the domain name "latinohealthcare.com" under the registrant name Latino Healthcare, P.O. Box 3877, Montebello, CA 90640, showing Aranda, German as the current Administrative Contact. Network Solutions acknowledged the commencement of this administrative proceeding, and that Respondent is bound by the Network Solutions Service Agreement Version 4.0. Accordingly, Respondent agreed to resolve any dispute regarding its domain name registration pursuant to ICANN’s Rules for Uniform Domain Name Dispute Resolution Policy and the Uniform Domain Name Dispute Resolution Policy. Neither the Complainant nor Respondent contests the jurisdiction of the Forum or the undersigned arbitrator to resolve this controversy.
2. By virtue of the fact that there is no appearance of any kind by Respondent, all reasonable inferences of fact in the allegations of the Complaint will be taken to be true.
3. Complainant has been engaged in the business of providing consulting services to the health industry as it affects the Latino community since at least 1986.
4. In October of 1996, Complainant contacted Respondent for assistance in designing and registering a website for use in Complainant’s business. Among the domain names Complainant directed Respondent to seek to register was "latinohealthcare.com." This domain was not available when first sought by Respondent for Complainant.
5. In November of 1998, Respondent notified Complainant that latinohealthcare.com had become available, and Respondent agreed to register this domain name as directed by Complainant.
6. The initial registration with Network Systems on January 24, 1999 substantially correctly reflected Complainant as the registrant with Complainant’s correct address as administrative and billing contact.
7. As a result of a dispute between Complainant and Respondent over the creation of a website in February of 1999, Complainant began looking for a replacement for Respondent’s services and the parties severed their business relationship.
8. In August of 1999, Complainant’s new web designer discovered that registration of the domain name at issue had been changed from Complainant to Respondent. Complainant includes as Exhibits C and D evidence of unsuccessful requests that Respondent correct the registration record with Network Systems. Currently, Complainant is losing customers because interested web surfers are being wrongfully directed to Respondent’s website when seeking latinohealthcare.com.

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 "latinohealthcare.com" used and apparently claimed by both Complainant and Respondent is identical in both uses.
2. Complainant has valuable and legally protectable rights and legitimate interests in the mark: "latinohealthcare.com" and Respondent has none.
3. Respondent has registered and used the domain name "latinohealthcare.com" in bad faith.

 

DECISION

Based upon the above findings and conclusions, and pursuant to Rule 4(i) of the ICANN’s Rules for Uniform Domain Name Dispute Resolution Policy and the National Arbitration Forum’s Supplemental Rules to ICANN’s Uniform Domain Resolution Policy, it is decided as follows:

THE UNDERSIGNED DIRECTS THAT THE DOMAIN NAME "latinohealthcare.com" REGISTERED BY RESPONDENT LATINOWEB.COM BE TRANSFERRED TO COMPLAINANT SARAH ELENA LOAIZA, D/B/A LATINO HEALTHCARE CONSULTANTS.

Signed this 19^th day of April 2000 by Judge James A. Carmody (Retired), arbitrator.

 

Honorable James A. Carmody