UnitedHealth Group
Incorporated v. RareNames, WebReg
Claim Number: FA0708001072879
PARTIES
Complainant is UnitedHealth Group Incorporated (“Complainant”), represented by Timothy
M. Kenny, of Fulbright & Jaworski, 2100 IDS
Center,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <united-health.com>, registered with Domaindiscover.
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.
John J. Upchurch as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on August 30, 2007; the
National Arbitration Forum received a hard copy of the Complaint on August 31, 2007.
On August 31, 2007, Domaindiscover confirmed by e-mail to the
National Arbitration Forum that the <united-health.com> domain name is
registered with Domaindiscover and that
the Respondent is the current registrant of the name. Domaindiscover
has verified that Respondent is bound by the Domaindiscover
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 12, 2007, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of October 2, 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@united-health.com by e-mail.
On October 1, 2007, a Joint Request to Stay the Administrative
Proceeding was filed with the National Arbitration Forum. The National Arbitration Forum subsequently
granted this request.
On November 15, 2007, Complainant requested that the Stay of
Arbitration be lifted. On November 16,
2007, the National Arbitration Forum lifted the Stay of Arbitration, and
extended the deadline by which Respondent could submit a timely Response to
November 17, 2007.
A timely Response was received and determined to be complete on November 15, 2007.
An Additional Submission from Complainant was received and determined
to be timely and complete on November 20, 2007.
An Additional Submission from Respondent was received and determined to
be timely on November 26, 2007.
On November 27, 2007, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed John J. Upchurch as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PRELIMINARY ISSUE:
A. Complainant
Consent
to Transfer the Subject Domain Name
Respondent denies that it
registered the <united-health.com> domain name in bad faith. However,
Respondent has authorized the immediate transfer of the subject domain
name. The Panel finds that in a
circumstance such as this, where Respondent has consented to the transfer of
the disputed domain name, the Panel may decide 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 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.”).
FINDINGS
The requested transfer should be granted, and
the Panel elects to forego the ordinary UDRP analysis.
DECISION
The Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <united-health.com> domain name be TRANSFERRED
from Respondent to Complainant.
John J. Upchurch, Panelist
Dated:
December 11, 2007
National
Arbitration Forum
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