Urban Sophistication Ltd. v. Samuel Peterson / The Puffer Case
Claim Number: FA2204001993964
Complainant is Urban Sophistication Ltd. (“Complainant”), represented by Mari-Elise Paul of Stites & Harbison, PLLC, Virginia, USA. Respondent is Samuel Peterson / The Puffer Case (“Respondent”), Great Britain.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <thepuffercase.net>, registered with Tucows Domains Inc..
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.
Complainant submitted a Complaint to the Forum electronically on April 27, 2022. The Forum received payment on April 27, 2022.
On April 27, 2022, Tucows Domains Inc. confirmed by e-mail to the Forum that the <thepuffercase.net> domain name is registered with Tucows Domains Inc. and that Respondent is the current registrant of the name. Tucows Domains Inc. has verified that Respondent is bound by the Tucows Domains 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 May 2, 2022, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 23, 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@thepuffercase.net. Also on May 2, 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 response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.
On May 31, 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.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant makes and sells a popular brand of polyurethane phone cases that resemble a quilted down puffer jacket. Complainant has common law rights in the THE PUFFER CASE mark. Respondent’s <thepuffercase.net> domain name is identical or confusingly similar to Complainant’s mark. Respondent lacks rights and legitimate interests in the <thepuffercase.net> domain name, which Respondent registered and uses in bad faith.
B. Respondent
Respondent failed to submit a formal Response in this proceeding. However, by email dated May 13, 2022, Respondent’s solicitors advised the Forum that, without admissions, Respondent is prepared to transfer the domain name to Complainant, in full and final and final settlement of all claims it may have relating to the domain name.
FINDINGS
The Panel takes Respondent’s solicitors’ email of May 13, 2022 to signify consent by Respondent to the transfer to Complainant of the <thepuffercase.net> domain name. Under these circumstances the Panel considers it appropriate to order the transfer of the domain name 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 name to Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <thepuffercase.net> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: June 2, 2022
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