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OLD SEMINOLE HEIGHTS )NEIGHBORHOOD ASSN. )INC., a Florida Corporation,

)

Complainant

)v. )

In Re

oldseminoleheightsfoundation.org

SEMINOLE HEIGHTS )FOUNDATION, INC. c/o )CHRISTIE HESS, )

Respondent

))

AMENDED COMPLAINT IN ACCORDANCE WITHTHE UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY

[1.] This Complaint is hereby submitted for decision in accordance with the Uniform Domain NameDispute Resolution Policy, adopted by the Internet Corporation for Assigned Names and Numbers(ICANN) on August 26, 1999 and approved by ICANN on October 24, 1999 (ICANN Policy), and theRules for Uniform Domain Name Dispute Resolution Policy (ICANN Rules), adopted by ICANN onAugust 26, 1999 and approved by ICANN on October 24, 1999, and the National Arbitration Forum(NAF) Supplemental Rules (Supp. Rules, November 1, 2007). ICANN Rule 3(b)(i).[2.1]

COMPLAINANT INFORMATION

[a.] Name: Old Seminole Heights Neighborhood Association, Inc. (OSHNA)[b.] Address: P.O. Box 360022, Tampa, Florida 33673

[c.] Telephone: 813-857-5497[e.] E-Mail: shawn.r.hicks@gmail.com[2.2]

COMPLAINANT COUNSEL

Pursuant to ICANN Rule 3(b)(ii), all communication should be directed to the undersigned counsel.[a.] Name: Bradford A. Patrick, Esq.[b.] Address: Chamberlin Patrick PA,3001 N. Rocky Point Dr. E, Suite 200, Tampa, Florida 33607

[c.] Telephone: (813) 374-2216[d.] Fax: (813) 234-4510

[e.] E-Mail: bpatrick@chamberlinpatrick.comThe Complainant’s preferred method for communications:

Electronic-Only Material

OSHNA UDRP COMPLAINT - 2 -

[a.] Method: Email

[b.] Address: bpatrick@chamberlinpatrick.com[c.] Contact: Bradford A. Patrick, Esq.

Material Including Hard Copy

[a.] Method: Fax

[b.] Address/Fax: (813) 234-4510[c.] Contact: Bradford A. Patrick, Esq.The Complainant selects a

single-member

administrative panel pursuant to

ICANN Rule 3(b)(iv).[3.]

RESPONDENT INFORMATION

[a.] Name: Seminole Heights Foundation, Inc. c/o Christie Hess

OSHNA enjoyscommon law rights to its name “Old Seminole Heights” as a service mark for itsactivities as a neighborhood association. It is not the subject of federal trademark registration, but isprotectable nonetheless. [b.] Address: 1011 E Broad Street, Tampa, Florida 33604

[c.] Telephone: (813) 237-8808[e.] E-Mail: chess@seminoleheightsfoundation.orgOn information and belief, Respondent does not have legal counsel as an authorized representative in theadministrative proceeding. ICANN Rule 3(b)(v).[4.]

DISPUTED DOMAIN NAME(S)

[a.] The following domain name(s) is/are the subject of this Complaint: ICANN Rule3(b)(vi).

OLDSEMINOLEHEIGHTSFOUNDATION.ORG

[b.] Registrar Information: ICANN Rule 3(b)(vii).[a.] Name: GoDaddy.com, Inc.[b.] Organization: GoDaddy.com[c.] Address: 14455 N. Hayden Rd., Suite 219, Scottsdale, AZ 85260

[d.] Telephone: (480) 505-8899[f.] E-Mail: info@godaddy.com[c.] Trademark/Service Mark Information: ICANN Rule 3(b)(viii).

Ms. Hess is understood to be the Administrative Contact for SHF. OSHNA understands GoDaddy to have confirmedSeminole Heights Foundation, Inc. is the confirmed registrant of the domain.

Common law trademark claims form a sufficient basis for a Complaint under paragraph 4(a)(i) of the Policy.

The Policydoes not require that the Complainant should have a registered trademark or service mark. It is sufficient that theComplainant should satisfy the Administrative Panel that Complainant has rights in common law trademark:WIPO/D2000-0210.

See also

WIPO/D2001-0059;WIPO/D2000-1764.

Accord

Planetary Motion, Inc. v. Techsplosion, Inc.,

261 F.3d1188, 1193 C.A.11 (Fla.), 2001.

OSHNA UDRP COMPLAINT - 3 -

[5.]

FACTUAL AND LEGAL GROUNDSBackground

This is a dispute between two local neighborhood organizations in Tampa, Florida. Complainant,OSHNA, is an officially recognized neighborhood association with an established membership of morethan 500 active members representing approximately 400 families. Since records have been kept, morethan 2000 individuals at more than 1600 addresses have been members. OSHNA sponsors annualevents including the “Paint Your Heart Out” event for low-income elders, a children’s Pumpkin Parade,decorating events, holiday dinner and holiday carolers concert. For eleven years, it has brought morethan 1,000 visitors to the neighborhood for its annual Home Tour of distinctive bungalow-style homes.The annual budget this year is in the neighborhood of fifty thousand dollars, up from $6775 in 2000.Candidate forums occur in election years, and quarterly general membership meetings are heavilyadvertised and attract large turnouts. More than a decade of goodwill in OSHNA is likewise reflected inthe thousands of volunteer hours put in each year. This year alone more than 3,000 hours of volunteertime has been contributed to date. OSHNA sends out mailers and ballots to a list of subscribersnumbering more than 500 for a total of more than 4,700 pieces annually. Email has been sent byOSHNA since 1998. Today messages are sent to a list of more than 825 individuals. Since a change of system software in 2007, OSHNA has sent more than 300 items comprising more than 225,000 emailsaltogether. Its newsletter

The

Advisor

is also distributed in paper form to a circulation of more than 500.OSHNA is organized as a Florida 501c4 corporation, and has been recognized by the City of Tampa formore than twenty years. OSHNA also developed branding standards for the use of its name and logo inthe local business community.In stark contrast, Respondent/ Registrant is a founder of a new corporation, the Seminole HeightsFoundation (SHF), created in March, 2009 by former board members of OSHNA. The domain indispute,

oldseminoleheightsfoundation.org

, was registered by Hess as founder of SHF and is a redirectfor

seminoleheightsfoundation.org

, the primary domain of the new SHF organization. SHF is not a Cityof Tampa neighborhood association.The term “Seminole Heights” dates back to the early 1900’s and describes a geographic locationaround the intersection of Hillsborough Avenue and Central Avenue, north of downtown Tampa.Contemporary usage is inclusive of three separate, contiguous neighborhoods: Old Seminole Heights,South Seminole Heights, and Southeast Seminole Heights, each of which is individually recognizedthrough its member-based neighborhood association by the City of Tampa. “Old Seminole Heights” is aname devised by residents in conjunction with recognition by the City of Tampa, and later, the FloridaDepartment of Transportation and National Register of Historic Places. It specifically connotes thepeople in the neighborhood in the minds of others. One board member, Ms. DiBona, described it:Old Seminole Heights is about who we are as a community, a group of like-minded people whoestablished a “club” to protect, preserve and promote a way of life which we felt was significant.This feeling was begun by a small group of friends and neighbors who lived within the compactoriginal boundaries. As the group grew in numbers, people who lived in the outlying areas,

0210.