In response to a notification by the Center that the Complaint was administrativelydeficient, the Complainant filed an amendment to the Complaint on June 22, 2007. TheCenter verified that the Complaint together with the amendment to the Complaintsatisfied the formal requirements of the Uniform Domain Name Dispute ResolutionPolicy (the “Policy”), the Rules for Uniform Domain Name Dispute Resolution Policy(the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name DisputeResolution Policy (the “Supplemental Rules”).In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified theRespondent of the Complaint, and the proceedings commenced June 28, 2007. Inaccordance with the Rules, paragraph 5(a), and an extension agreed by the parties, thedue date for Response was extended from July 18, 2007 to August 1, 2007. The Responsewas filed with the Center on July 26, 2007.Complainant requested a single-member Panel. Exercising its right under paragraph 5(b)(iv) of the Rules, Respondent requested a three-member panel. On September 11, 2007,the Center appointed Richard G. Lyon, David E. Sorkin, and Maxim H. Waldbaum as panelists. The Panel finds that it was properly constituted and has jurisdiction over this proceeding. Each member of the Panel has submitted his Statement of Acceptance andDeclaration of Impartiality and Independence, as required by the Center to ensurecompliance with Rule 7.
4. Factual Background
Complainant sells food products and groceries, primarily at wholesale. It owns atrademark registered with the United States Patent and Trademark Office for HOUSE OFSPICES in International Class 42, for retail stores and wholesale distributorshipsfeaturing groceries. Complainant applied for this trademark in February 1996, it was published for opposition in November 1999, and it was issued in February 2000. Anofficer of Complainant has submitted a declaration asserting that Complainant has usedthis mark in United States Commerce since at least 1975, and that its annual sales lastyear exceeded USD 60 million.Respondent is a corporation owned by a single individual, D.K. Singh, a computer programmer. Both Mr. Singh and Respondent are based in Forest Hills, New York,United States of America, in the same borough of the City of New York in whichComplainant is located. Mr. Singh grew up on a farm in India, from which he or hisfamily or associates grew and sold various spices.Respondent registered the disputed domain name in 1998. Until May 2007 an internetuser who entered the disputed domain name into his or her browser received an error message and no content. Complainant submitted a copy of the House of Spices web pageaccessed May 15, 2007, that included a number of links to grocery and grocery-related products. Respondent acknowledged that this use occurred, but Mr. Singh declares upon