Wnyhospitalofchoice.com + 17 more domains

The timeline behind wnyhospitalofchoice.com

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

How each disputed name was decided in this proceeding.

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

NATIONAL ARBITRATION FORUM DECISION Erie County Medical Center Corporation v. Kaleida Health Claim Number: FA0704000970690 PARTIES Complainant is Erie County Medical Center Corporation (“Complainant”), represented by Marybeth Priore, of Colucci & Gallaher, P.C, 2000 Liberty Building, Buffalo, NY 14202. Respondent is Kaleida Health (“Respondent”), represented by Kathleen Sellers, of Hodgson Russ LLP, 140 Pearl Street, Suite 100, Buffalo, NY 14202-4040. REGISTRAR AND DISPUTED DOMAIN NAMES The domain names at issue are <wnyhospitalofchoice.com>, <wnyhospitalofchoice.net>, <wnyhospitalofchoice.org>, <wnyshospitalofchoice.com>, <wnyshospitalofchoice.net>, <wnyshospitalofchoice.org>, <westernnewyorkhospitalofchoice.com>, <westernnewyorkhospitalofchoice.net>, <westernnewyorkhospitalofchoice.org>, <westernnewyorkshospitalofchoice.com>, <westernnewyorkshospitalofchoice.net>, <westernnewyorkshospitalofchoice.org>, <westernnyhospitalofchoice.com>, <westernnyhospitalofchoice.net>, <westernnyhospitalofchoice.org>, <westernnyshospitalofchoice.com>, <westernnyshospitalofchoice.net> and <westernnyshospitalofchoice.org>, registered with Go Daddy Software, Inc. PANEL 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. Honorable Karl V. Fink (Ret.), as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on April 25, 2007; the National Arbitration Forum received a hard copy of the Complaint on April 26, 2007. On April 25, 2007, Go Daddy Software, Inc. confirmed by e-mail to the National Arbitration Forum that the <wnyhospitalofchoice.com>, <wnyhospitalofchoice.net>, <wnyhospitalofchoice.org>, <wnyshospitalofchoice.com>, <wnyshospitalofchoice.net>, <wnyshospitalofchoice.org>, <westernnewyorkhospitalofchoice.com>, <westernnewyorkhospitalofchoice.net>, <westernnewyorkhospitalofchoice.org>, <westernnewyorkshospitalofchoice.com>, <westernnewyorkshospitalofchoice.net>, <westernnewyorkshospitalofchoice.org>, <westernnyhospitalofchoice.com>, <westernnyhospitalofchoice.net>, <westernnyhospitalofchoice.org>, <westernnyshospitalofchoice.com>, <westernnyshospitalofchoice.net> and <westernnyshospitalofchoice.org> domain names are registered with Go Daddy Software, Inc. and that Respondent is the current registrant of the names. Go Daddy Software, Inc. has verified that Respondent is bound by the Go Daddy Software, 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 April 27, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of May 17, 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@wnyhospitalofchoice.com, postmaster@wnyhospitalofchoice.net, postmaster@wnyhospitalofchoice.org, postmaster@wnyshospitalofchoice.com, postmaster@wnyshospitalofchoice.net, postmaster@wnyshospitalofchoice.org, postmaster@westernnewyorkhospitalofchoice.com, postmaster@westernnewyorkhospitalofchoice.net, postmaster@westernnewyorkhospitalofchoice.org, postmaster@westernnewyorkshospitalofchoice.com, postmaster@westernnewyorkshospitalofchoice.net, postmaster@westernnewyorkshospitalofchoice.org, postmaster@westernnyhospitalofchoice.com, postmaster@westernnyhospitalofchoice.net, postmaster@westernnyhospitalofchoice.org, postmaster@westernnyshospitalofchoice.com, postmaster@westernnyshospitalofchoice.net and postmaster@westernnyshospitalofchoice.org by e-mail. On May 10, 2007, Respondent requested, pursuant to Supplemental Rule 6, an extension of time to respond to the Complaint. On May 11, 2007, the National Arbitration Forum, with Complainant’s consent, granted Respondent an extension and set a new deadline of June 6, 2007 for a filing of a Response. A timely Response was received and determined to be complete on June 6, 2007. An Additional Submission by Complainant was received by the Forum on June 12, 2007 and was deemed timely. An Additional Submission by Respondent was received by the Forum on June 19, 2007 and was deemed timely. On June 11, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Honorable Karl V. Fink (Ret.) as Panelist. RELIEF SOUGHT Complainant requests that the domain names be transferred from Respondent to Complainant. PARTIES’ CONTENTIONS A. Complainant makes the following assertions: 1. The disputed domain names are identical to Complainant’s WESTERN NEW YORK’S HOSPITAL OF CHOICE, WNY HOSPITAL OF CHOICE, and WESTERNNYSHOSPITALOFCHOICE marks. 2. Respondent does not have any rights or legitimate interests in the disputed domain names. 3. Respondent registered and used the disputed domain names in bad faith. B. Respondent denies Complainant’s assertions and asserts Complainant can not prove it is entitled to the relief requested. DISCUSSION On or about April 25, 2007, Complainant filed an action against Respondent entitled Erie County Medical Center Corporation v. Kalieida Health, No. 2007-4012 in the Superior Court of the State of New York for the County of Erie. The Complaint alleges violations of the Lanham Act, 15 U.S.C. § 1125(a)(1) and (c)(1), the Anticybersquatting Consumer Protection Act (“ACPA”), 15 U.S.C.§ 1125(d)(1), and the New York General Business Law § 360-1 and makes Federal and State common law claims for trademark infringement and unfair competition. The case has been removed to the United States District Court for the Western District of New York and an answer and counterclaim has been filed. FINDINGS Rule 18 of the Policy provides in pertinent part: Effect of Court Proceedings (a) In the event of any legal proceedings initiated prior to or during an administrative proceeding in respect of a domain-name dispute that is the subject of the complaint, the Panel shall have the discretion to decide whether to suspend or terminate the administrative proceeding, or to proceed to a decision. Applying Rule 18, the Panel finds this matter should not be decided until the court proceeding is resolved. See AmeriPlan Corp. v. Gilbert, FA 105737 (Nat. Arb. Forum Apr. 22, 2002) (finding that Policy ¶ 4(k) requires that ICANN not implement an administrative panel’s decision regarding a UDRP dispute until the court proceeding is resolved and therefore, a panel should not rule on a decision when there is a court proceeding pending because no purpose is served by the panel rendering a decision on the merits to transfer the domain name, or have it remain, when a decision regarding the domain name will have no practical consequence); see also Lutton Invs., Inc. v. Darkhorse Distrib., Inc., FA 154142 (Nat. Arb. Forum June 4, 2003) (stating that “[t]he pending arbitration between the parties to this dispute, touching on matters directly relevant to the resolution of a claim under the UDRP, justifies terminating the present administrative proceeding” and dismissing the complaint without prejudice). DECISION Accordingly, the Panel orders that the Complaint be and hereby is DISMISSED without prejudice to the Complainant bringing a further proceeding in the event the pending court action does not resolve the dispute over the domain names. Honorable Karl V. Fink (Ret.), Panelist Dated: June 25, 2007 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page NATIONAL ARBITRATION FORUM

Source of record: FORUM . Reproduced for research; FORUM is the authoritative source.