Enterprise Rent-A-Car
Company v. Versata Software, Inc., c/o Versata Hostmaster
Claim Number: FA0708001072909
PARTIES
Complainant is Enterprise Rent-A-Car Company (“Complainant”), represented by Vicki
L. Little, of Schultz & Little, L.L.P.,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <enterprizerent-a-car.com>,
registered with Red Register, 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 31, 2007; the
National Arbitration Forum received a hard copy of the Complaint on October 9, 2007.
On October 11, 2007, Red Register, Inc. confirmed by e-mail to the
National Arbitration Forum that the <enterprizerent-a-car.com> domain
name is registered with Red Register, Inc.
and that the Respondent is the current registrant of the name. Red Register,
Inc. has verified that Respondent is bound by the Red Register, 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 October 12, 2007, a
Notification of Complaint and Commencement of Administrative Proceeding (the
“Commencement Notification”), setting a deadline of November 1, 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@enterprizerent-a-car.com
by e-mail.
A timely Response was received on October
23, 2007. However, the Response
was deemed deficient pursuant to ICANN Rule 5(a) because the National
Arbitration Forum did not receive a hard copy of the Response. However, the Panel, in its discretion,
will consider the Response. See Telstra
Corp. v. Chu, D2000-0423 (WIPO June 21,
2000) (finding that any weight to be given to the lateness of the response is
solely in the discretion of the panelist); see also Bd. of Governors of the Univ. of Alberta v.
Katz, D2000-0378 (WIPO June 22, 2000) (finding that a panel may consider a
response which was one day late, and received before a panelist was appointed
and any consideration made); see also Gaiam, Inc. v. Nielsen, FA 112469
(Nat. Arb. Forum July 2, 2002) (“In the interest of having claims decided on
the merits and not by default and because Complainant has not been prejudiced
in the presentation of its case by the late submission, Respondent’s opposition
documents are accepted as timely.”).
On October 26, 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 <enterprizerent-a-car.com> domain
name is confusingly similar to Complainant’s
2. Respondent does not have any rights or legitimate interests in the <enterprizerent-a-car.com> domain name.
3. Respondent registered and used the <enterprizerent-a-car.com> domain name in bad faith.
B. Respondent
Respondent does not contest any of
Complainant’s allegations regarding the <enterprizerent-a-car.com> domain
name. Rather, Respondent has
consented to judgment in favor of Complainant and authorized the immediate
transfer of the subject domain name.
DISCUSSION
Where Respondent has consented to
the transfer of the disputed domain name, the Panel may 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
The Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <enterprizerent-a-car.com> domain
name be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.),
Panelist
Dated: November 9, 2007
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