Techstars Central, LLC v. Rye Akervik
Claim Number: FA2103001939527
Complainant is Techstars Central, LLC (“Complainant”), represented by Joel Kiesey, Colorado, USA. Respondent is Rye Akervik (“Respondent”), Florida, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <techstarswest-la.com> (“Domain Name”), registered with NameCheap, Inc.
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.
Nicholas J.T. Smith as Panelist.
Complainant submitted a Complaint to the Forum electronically on March 30, 2021; the Forum received payment on March 30, 2021.
On March 31, 2021, NameCheap, Inc. confirmed by e-mail to the Forum that the <techstarswest-la.com> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. 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 April 1, 2021, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 21, 2021 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@techstarswest-la.com. Also on April 1, 2021, 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.
The Forum received an informal communication from the Respondent’s authorized representative on April 2, 2021, consenting to the transfer of the Domain Name, but Respondent did not file a formal response in this matter. Having received no formal response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.
On April 26, 2021, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Nicholas J.T. Smith 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 Domain Name be transferred from Respondent to Complainant.
A. Complainant
Complainant, Techstars Central, LLC, offers a variety of products and services to assist in business development for startup companies. Complainant has rights in the TECHSTARS mark through its registration with the United States Patent and Trademark Office (“USPTO”) (e.g., Reg. 3,741,647, registered Jan. 26, 2010). Respondent’s <techstarswest-la.com> domain name is confusingly similar to Complainant’s mark, only differing by the addition of the geographic term “West-LA” for Los Angeles, and the “.com” generic top-level domain (“gTLD”).
Respondent lacks rights and legitimate interests in the <techstarswest-la.com> domain name as it is not commonly known by the Domain Name and is neither an authorized user or licensee of the TECHSTARS mark. Additionally, Respondent does not use the Domain Name for any bona fide offering of goods or services, nor for any legitimate noncommercial or fair use. Instead, Respondent attempts to divert Internet users to its website to offer products that compete directly with Complainant’s business.
Respondent registered and uses the <techstarswest-la.com> domain name in bad faith. Respondent creates a likelihood of confusion by using Complainant’s mark to offer products that are similar to those offered by Complainant, displaying Respondent’s bad faith intent to attract commercial gain. Respondent also failed to response to a cease-and-desist letter which Complainant sent to Respondent and the registrar of the Domain Name. Additionally, Respondent possessed actual knowledge of Complainant’s rights in the TECHSTARS mark prior to registering the Domain Name.
B. Respondent
Respondent failed to submit a formal Response in this proceeding, however on April 2, 2021, a representative of Respondent (who has communicated with Complainant on behalf of the Respondent previously), sent an e-mail to the parties (copying the contact details of the named Respondent) indicating that the Respondent is ready and willing to transfer the Domain Name to the Complainant.
Respondent, through its authorised representative, consents to transfer the <techstarswest-la.com> domain name to Complainant. However, after the initiation of this proceeding, NameCheap, Inc.. placed a hold on Respondent’s account and therefore Respondent cannot transfer the Domain Name while this proceeding is still pending.
In a circumstance such as this, where Respondent has not contested the transfer of the Domain Name, but instead agrees to transfer the Domain Name to Complainant, the Panel is authorized to forego the traditional UDRP analysis. This Panel, in recognition of the common request of the parties, in the interests of judicial expedience, and in the absence of any aggravating circumstances, has so decided to forego the traditional UDRP analysis and to order an immediate transfer of the <techstarswest-la.com> domain name. 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.”).
As the remedy of the Complainant and the request of the Respondent both sought to transfer the Domain Name from the Respondent to the Complainant, the Panel concludes that such relief shall be GRANTED.
Accordingly, it is Ordered that the <techstarswest-la.com> domain name be TRANSFERRED from Respondent to Complainant.
Nicholas J.T. Smith, Panelist
Dated: April 27, 2021
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