Honeywell International Inc. v.
Claim Number: FA0707001046003
Complainant is Honeywell
International Inc. (“Complainant”),
represented by Peter S. Sloane, of Ostrolenk, Faber, Gerb & Soffen, LLP,
1180 Avenue of the
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <honeywll.com>, registered with Compana, LLC.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
Robert T. Pfeuffer, Senior District Judge, as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on July 26, 2007; the National Arbitration Forum received a hard copy of the Complaint on July 27, 2007.
On August 1, 2007, Compana, LLC confirmed by e-mail to the National Arbitration Forum that the <honeywll.com> domain name is registered with Compana, LLC and that the Respondent is the current registrant of the name. Compana, LLC has verified that Respondent is bound by the Compana, LLC registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On August 14, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of September 3, 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 firstname.lastname@example.org by e-mail.
A timely Response was received and determined to be complete on September 4, 2007.
No additional submission was received from either Complainant or Respondent.
On September 9, 2006, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Robert T. Pfeuffer, Senior District Judge, as Panelist.
Complainant requests that the domain name be transferred from Respondent to Complainant.
Preliminary Issue: Consent to Transfer the Subject Domain Name
Respondent does not contest any of Complainant’s allegations regarding the <honeywll.com> domain name. Rather, Respondent has consented to judgment in favor of Complainant and has authorized the immediate transfer of the subject domain name. The Panel finds that in a circumstance such as this, Respondent having consented to the transfer of the domain name in dispute, the Panel will forego the traditional UDRP analysis and orders the immediate transfer of the domain name. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also 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.”).
The Panel therefore finds that the domain name in dispute <honeywll.com> should be transferred from Respondent to Complainant.
The Panel has determined that Complainant has established its right to the disputed domain name as a result of the Respondent’s request that the name be transferred to Complainant. The Panel therefore concludes that the relief sought by Complainant shall be GRANTED.
Accordingly, it is Ordered that the <honeywll.com> domain name be TRANSFERRED from Respondent to Complainant.
ROBERT T. PFEUFFER, Senior District Judge, Panelist
Dated: September 21, 2007
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