Adams & Brooks Inc. v. Frank Guerra
Claim Number: FA0706001013364
Complainant is Adams & Brooks Inc. (“Complainant”), represented by Bryce
J. Maynard, of Buchanan Ingersoll & Rooney PC, 1737
King Street Suite 500, Alexandria, VA 22314. Respondent is Frank Guerra (“Respondent”),
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <coffeerio.com>, registered with Go Daddy Software, Inc.
The undersigned certifies that she has acted independently and impartially and to the best of her knowledge has no known conflict in serving as Panelist in this proceeding.
Sandra J. Franklin as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum
On June 25, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of July 16, 2007 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts, and to email@example.com by e-mail.
A timely Response was received and determined to be complete on
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
1. Respondent’s <coffeerio.com> domain name is confusingly similar to Complainant’s COFFEE RIO mark.
2. Respondent does not have any rights or legitimate interests in the <coffeerio.com> domain name.
3. Respondent registered and used the <coffeerio.com> domain name in bad faith.
B. Respondent stated that he did not wish to contest this case and consents to the transfer of the <coffeerio.com> domain name to Complainant.
Preliminary Issue: Consent to Transfer the Subject Domain Name
Respondent does not contest any of
Complainant’s allegations regarding the <coffeerio.com> domain
name. Rather, Respondent has
consented to judgment in favor of Complainant and authorized the immediate
transfer of the subject domain name. The
Panel therefore elects to forego the traditional UDRP analysis and order the
immediate transfer of the domain name. See
Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625
(Nat. Arb. Forum
Accordingly, it is Ordered that the <coffeerio.com> domain name be TRANSFERRED from Respondent to Complainant.
Sandra J. Franklin, Panelist
Dated: August 1, 2007
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