Jon Kabat‐Zinn v. Thomas O'Duffy
Claim Number: FA2206002001456
Complainant is Jon Kabat‐Zinn (“Complainant”), represented by Paul S. Sennott of Sennott, Williams & Rogers, LLP, Massachusetts, USA. Respondent is Thomas O'Duffy (“Respondent”), Ireland.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <jonkabatzinn.com>, registered with Wild West Domains, LLC (sometimes herein the “Disputed Domain Name”).
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.
Kendall C. Reed Panelist.
Complainant submitted a Complaint to the Forum electronically on June 22, 2022; the Forum received payment on June 22, 2022.
On June 23, 2022, Wild West Domains, LLC confirmed by e-mail to the Forum that the <jonkabatzinn.com> domain name is registered with Wild West Domains, LLC and that Respondent is the current registrant of the name. Wild West Domains, LLC has verified that Respondent is bound by the Wild West Domains, 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 June 29, 2022, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 19, 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@jonkabatzinn.com. Also on June 29, 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.
A timely Response was received and determined to be complete on July 18, 2022.
On July 26, 2022, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Kendall C. Reed 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.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant, Jon Kabat-Zinn, is a scientist, writer, and meditation teaching engaged in brining mindfulness into the mainstream of medicine and society. He has published numerous works beginning as early as 1990.
Complainant has common law trademark rights in the mark JON KABAT-ZINN (“Complainant’s Mark”).
The Disputed Domain Name, <jonkabatzinn.com>, is identical or confusingly similar to Complainant’s Mark.
Respondent has no rights or legitimate interests in the Disputed Domain Name.
Respondent registered and has used the Disputed Domain Name in bad faith.
B. Respondent
Respondent registered the Disputed Domain Name [per the WHOIS record, on March 16, 2010] as a fan site to link to Complainant’s books, which is a fair use; however, this intention was never acted upon.
Respondent is willing to transfer the Disputed Domain Name to Complainant. He wanted to do this years ago, but he was unsure about how to contact Complainant.
Since the complaint was filed in this matter, Respondent has spoken directly with Complainant and Respondent has expressed his willingness to transfer the Disputed Domain Name to Complainant. Respondent further states: “There is no need for any administrative proceeding, dispute / arbitration / meditation or panel review in relation to this.”
From the parties’ submissions it is clear that both parties want the same result - that the Disputed Domain Name be transferred to the Complainant. As such, and in the interest of economy, the Panel opts to forgo an analysis of any of the other issues raised.
It is Ordered that the <jonkabatzinn.com> domain name be TRANSFERRED from Respondent to Complainant.
Kendall C. Reed, Panelist
Dated: July 28, 2022
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page