Select Hotel Brokers v.
Peter Holmes
Claim Number: FA0708001069904
PARTIES
Complainant is Select Hotel Brokers (“Complainant”), represented by Susan
E. Colman, of Technology Law Group,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <selecthotelbrokers.com>, registered
with Godaddy.com,
Inc.
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.
The Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on August 27, 2007; the
National Arbitration Forum received a hard copy of the Complaint on August 29, 2007.
On August 28, 2007, Godaddy.com, Inc. confirmed by e-mail to the
National Arbitration Forum that the <selecthotelbrokers.com> domain name
is registered with Godaddy.com, Inc. and
that the Respondent is the current registrant of the name. Godaddy.com,
Inc. has verified that Respondent is bound by the Godaddy.com, Inc. 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 September 7, 2007, a
Notification of Complaint and Commencement of Administrative Proceeding (the
“Commencement Notification”), setting a deadline of September 27, 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@selecthotelbrokers.com by
e-mail.
A timely Response was received and determined to be complete on September 27, 2007.
On October 4, 2007, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed the Honorable Charles K. McCotter, Jr.
(Ret.) as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
1. Respondent’s <selecthotelbrokers.com> domain name is confusingly similar to Complainant’s SELECT HOTEL BROKERS mark.
2. Respondent does not have any rights or legitimate interests in the <selecthotelbrokers.com> domain name.
3. Respondent registered and used the <selecthotelbrokers.com> domain name in bad faith.
B. Respondent
Respondent does not contest any of
Complainant’s allegations and has agreed to
transfer the disputed domain name to Complainant.
FINDINGS
Since
Respondent has consented to the transfer of the disputed domain name, the Panel
will 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 Jan. 9, 2003) (transferring the domain name registration where the
respondent stipulated to the transfer); 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 all three elements required under the ICANN Policy,
the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <selecthotelbrokers.com> domain name
be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.),
Panelist
Dated: October 15, 2007
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