DECISION

 

Mediacom Communications Corporation v. David Romo / Romostrategies

Claim Number: FA2203001990395

 

PARTIES

Complainant is Mediacom Communications Corporation (“Complainant”), represented by Robert M. Wasnofski, Jr. of Dentons US LLP, Illinois, USA.  Respondent is David Romo / Romostrategies (“Respondent”), North Carolina, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAMES

The domain names at issue are <5gmediacomcable.com> and <mediacomcable5g.com>, registered with Porkbun LLC.

 

PANEL

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.

 

Alan L. Limbury, as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the Forum electronically on March 30, 2022. The Forum received payment on March 30, 2022.

 

On March 31, 2022, Porkbun LLC confirmed by e-mail to the Forum that the <5gmediacomcable.com> and<mediacomcable5g.com> domain names are registered with Porkbun LLC and that Respondent is the current registrant of the names.  Porkbun LLC has verified that Respondent is bound by the Porkbun 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 April 4, 2022, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 25, 2022 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@5gmediacomcable.com, postmaster@mediacomcable5g.com.  Also on April 4, 2022, 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 formal response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.

 

On May 2, 2022, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury 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.

 

RELIEF SOUGHT

Complainant requests that the domain names be transferred from Respondent to Complainant.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant says the <5gmediacomcable.com> and <mediacomcable5g.com> domain names are virtually identical and confusingly similar to Complainant’s MEDIACOM registered trademark and that Respondent has no rights or legitimate interests in respect of the domain names, which were registered and are being used in bad faith.

 

B. Respondent

Respondent failed to submit a formal Response in this proceeding. However, in an email to the Forum on May 2, 2022, Respondent stated that he had agreed to transfer the domain names to Complainant at no cost but had received no reply.

 

FINDINGS

Having regard to Respondent’s email of May 2, 2022, the Panel considers it appropriate to order the transfer of the <5gmediacomcable.com> and <mediacomcable5g.com> domain names without embarking on the traditional UDRP analysis. See 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.”).

 

DECISION

Respondent having consented to the transfer of the domain names to Complainant, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <5gmediacomcable.com> and <mediacomcable5g.com> domain names be TRANSFERRED from Respondent to Complainant.

 

 

Alan L. Limbury, Panelist

Dated:  May 3, 2022