Disney Enterprises, Inc. v.
Dorothy Stanley
Claim Number: FA0706001013374
PARTIES
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.
PANEL
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.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on
On
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 postmaster@disneyvacationclubresale.com by e-mail.
A hard copy of the Response was received on
On
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. 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
B. Respondent
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,
FINDINGS
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.”
DISCUSSION
Deficient Response
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.”).
DECISION
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
Dated:
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