Sumitomo Rubber Industries, Ltd. v. Bulya / Dmytro Bulanov
Claim Number: FA2008001907571
Complainant is Sumitomo Rubber Industries, Ltd. (“Complainant”), represented by Philip Nulud of Buchalter, United States of America (“United States”). Respondent is Bulya / Dmytro Bulanov (“Respondent:), United States.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <ohtsu-tires.com> (the “disputed domain name”), registered with NameSilo, LLC (the “Registrar”).
The undersigned certifies that she has acted independently and impartially and to the best of her knowledge has no known conflict in serving as Panelist in this proceeding.
Lynda M. Braun as Panelist.
Complainant submitted a Complaint to the Forum electronically on August 6, 2020; the Forum received payment on August 6, 2020.
On August 7, 2020, the Registrar confirmed by e-mail to the Forum that the <ohtsu-tires.com> disputed domain name is registered with NameSilo, LLC and that Respondent is the current registrant of the name. NameSilo, LLC has verified that Respondent is bound by the NameSilo, LLC registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On August 18, 2020, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 8, 2020 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@ohtsu-tires.com. Also on August 18, 2020, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.
Having received no response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.
On September 14, 2020, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Lynda M. Braun as Panelist.
On August 18, 2020, the Respondent sent an email message to the Forum that stated in pertinent part: “I have received all e-mails and was informed. To solve the problem I am ready to transfer the domain to Sumitomo Rubber Industries, Ltd. to give them all rights connected with the domain.”
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the 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" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the 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 disputed domain name be transferred from Respondent to Complainant.
The Panel asks the Registrar to transfer the disputed domain name from Respondent to Complainant. Since Respondent consented by email to transfer the <ohtsu-tires.com> disputed domain name to Complainant, the Panel has decided to forego the traditional UDRP analysis and order an immediate transfer of the <ohtsu-tires.com> disputed domain name to Complainant. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”); see also Disney Enters., Inc. v. Morales, FA 475191 (Forum June 24, 2005) (“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”).
Since both parties have consented to transfer the disputed domain name from Respondent to Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <ohtsu-tires.com> disputed domain name be TRANSFERRED from Respondent to Complainant.
Lynda M. Braun, Panelist
Dated: September 24, 2020
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