Keysight Technologies v. Kiriakos Athanasas / comemso GmbH
Claim Number: FA2207002002986
Complainant is Keysight Technologies (“Complainant”), represented by Alexandra Hodson of Holland & Hart LLP, Colorado, USA. Respondent is Kiriakos Athanasas / comemso GmbH (“Respondent”), Germany.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <verisco.org>, <verisco.services> and <verisco.com>, registered with IONOS SE.
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 July 5, 2022. The Forum received payment on July 5, 2022. The Complaint was submitted in English.
On July 11, 2022, IONOS SE confirmed by e-mail to the Forum that the <verisco.org>, <verisco.services> and <verisco.com> domain names are registered with IONOS SE and that Respondent is the current registrant of the names. IONOS SE has verified that Respondent is bound by the IONOS SE registration agreement, which is in German, 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 July 14, 2022, the Forum served the Complaint and all Annexes, including a German and English language Written Notice of the Complaint, setting a deadline of August 3, 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@verisco.org, postmaster@verisco.services, postmaster@verisco.com. Also on July 14, 2022, the German and English language 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 August 10, 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 names be transferred from Respondent to Complainant.
PRELIMINARY ISSUE: LANGUAGE OF PROCEEDINGS
As noted, the IONOS SE registration agreement is in German. Pursuant to Rule 11(a), the language of the proceeding in relation to the <verisco.org>, <verisco.services> and <verisco.com> domain names shall be German unless otherwise determined by the Panel, having regard to the circumstances of the proceeding.
Complainant requests that the proceeding be conducted in English, noting that the <verisco.org>, <verisco.services> and <verisco.com> domain names are in English and resolve to English language webpages. Respondent communicated informally with the Forum in English. These circumstances satisfy the Panel that Respondent is proficient in English and that there would be no undue prejudice to Respondent if English were the language of the proceeding. Accordingly, the Panel determines that the remainder of the proceedings may be conducted in English.
PARTIES' CONTENTIONS
A. Complainant
The <verisco.org>, <verisco.services> and <verisco.com> domain names are virtually identical and confusingly similar to the VERISCO mark, in which Complainant owns rights. Respondent has no rights or legitimate interest in respect of the domain names, which were registered and are being used in bad faith.
B. Respondent
As noted, Respondent failed to submit a formal Response in this proceeding. However, on July 15, 2022 Respondent emailed the Forum. The email included the following statement:
“Today we have no interrest in these domains. If Keysight has interest to get them, there will be no problem for us.“
FINDINGS
The Panel takes Respondent’s email of July 15, 2022 to signify consent by Respondent to the transfer to Complainant of the <verisco.org>, <verisco.services> and <verisco.com> domain names. Under these circumstances the Panel considers it appropriate to order the transfer of the 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 <verisco.org>, <verisco.services> and <verisco.com> domain names be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: August 11, 2022
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page