Docker, Inc. v. Shubham Kaushik
Claim Number: FA2011001920671
Complainant is Docker, Inc. (“Complainant”), represented by Christopher J. Palermo of Baker of Baker Botts L.L.P, United States of America (“United States”). Respondent is Shubham Kaushik (“Respondent”), India.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <dockerinfinity.com> (the “disputed domain name”), registered with Hosting Concepts B.V. d/b/a Openprovider (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 November 13, 2020; the Forum received payment on November 13, 2020.
On November 17, 2020, the Registrar confirmed by e-mail to the Forum that the disputed domain name is registered with Hosting Concepts B.V. d/b/a Openprovider and that Respondent is the current registrant of the name. The Registrar has verified that Respondent is bound by the Hosting Concepts B.V. d/b/a Openprovider 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 November 24, 2020, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of December 14, 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@dockerinfinity.com. Also on November 24, 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 December 18, 2020, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Lynda M. Braun as Panelist.
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.
Additional Submissions
On November 14, 2020, Respondent sent an email to the Forum stating the following:
“Hello
I just saw your mail today. Because I don't check this mail id on regular basis.
I am extremly sorry to use your name.
I have deleted My websites now you can it. I have created that only to help beginners learners.
If you want anything more I'm ready for that. Actually I just want to help people who want to learn from beginning.
Sorry for all this.
Thanks & Regard”
On November 14, 2020, Respondent sent a second email to the Forum stating the following:
“Hello
I'm just a normal guy. First I am facing these legal activity. And I don't know anything about legal settlement.
Just tell me what to do I'm ready to do that.
Just convey my message to Docker Inc.
Thank you”
The Panel asks the Registrar to transfer the <dockerinfinity.com> disputed domain name from Respondent to Complainant. Respondent consented by email to transfer the <dockerinfinity.com> disputed domain name to Complainant. However, after the initiation of this proceeding, the Registrar placed a hold on Respondent’s account and thus, Respondent could not transfer the <dockerinfinity.com> disputed domain name while this proceeding was pending.
As a result, the Panel finds that in a circumstance such as this, where Respondent has not contested the transfer of the <dockerinfinity.com> disputed domain name but instead agreed to transfer the <dockerinfinity.com> disputed domain name to Complainant, the Panel has decided to forego the traditional UDRP analysis and order an immediate transfer of the <dockerinfinity.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 to complainant 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 Enterprises, 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 the transfer of the <dockerinfinity.com> disputed domain name from Respondent to Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <dockerinfinity.com> disputed domain name be TRANSFERRED from Respondent to Complainant.
Lynda M. Braun, Panelist
Dated: December 28, 2020
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