Disney Enterprises, Inc. v. Dorothy Stanley
Claim Number: FA0706001013374
Complainant is Disney Enterprises, Inc. (“Complainant”), represented by J.
Andrew Coombs, of J. Andrew Coombs, A Professional Corporation,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <disneyvacationclubresale.com>, registered with Melbourne It, Ltd. d/b/a Internet Names Worldwide.
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.
Linda M. Byrne as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum
On June 21, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of July 11, 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 hard copy of the Response was received on
Complainant requests that the domain name be transferred from Respondent to Complainant.
Complainant submits that it is the owner of hundreds of registrations
for the DISNEY trademark in countries around the world and holds numerous
domain name registrations incorporating the DISNEY mark. Complainant contends that the DISNEY
trademark is “so widely accepted in the mind of the general public that the
trademark has become unquestionably famous and distinctive and has acquired
secondary meaning and distinctiveness throughout the
Respondent submits that she is a timeshare broker and is in the
business of reselling Disney Vacation Club Points under the direction of Disney
Vacation Development in Celebration,
Complainant owns hundreds of registrations
for the DISNEY trademark in the
Respondent registered the disputed domain
name <disneyvacationclubresale.com> on
Respondent’s <disneyvacationclubresale.com> site currently states the website is “under construction.”
The Panel has decided to consider the Response in making its Decision
despite the fact that no electronic copy of the Response was received. The hard copy of the Response was received by
the National Arbitration Forum on
Respondent Agrees to Transfer
The Panel notes that Respondent has chosen not to challenge any of Complainant’s assertions, but rather to agree to the transfer of the disputed domain name to Complainant. Therefore, the Panel will forego the traditional UDRP analysis and order the transfer of the domain name to the Complainant. See Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Arb. Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant … Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”); see also Disney Enters., Inc. v. Morales, FA 475191 (Nat. Arb. 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.”).
Having established and determined that Respondent does not contest Complainant’s remedy and agrees to transfer the domain name to Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <disneyvacationclubresale.com> domain name be TRANSFERRED from Respondent to Complainant.
Linda M. Byrne, Panelist
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