Danske Bank A/S v. Ideolution Industries Inc.
Claim Number: FA0709001075606
Complainant is Danske Bank A/S (“Complainant”), represented by Peter
Håkon Schmidt, of Plesner Law Firm, Amerika Plads 37,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <danskebank.tv>, registered with GoDaddy.com.
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.
Complainant submitted a Complaint to the National Arbitration Forum electronically on September 11, 2007; the National Arbitration Forum received a hard copy of the Complaint on September 17, 2007.
On September 12, 2007, GoDaddy.com confirmed by e-mail to the National Arbitration Forum that the <danskebank.tv> domain name is registered with GoDaddy.com and that the Respondent is the current registrant of the name. GoDaddy.com has verified that Respondent is bound by the GoDaddy.com 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 24, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of October 15, 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 email@example.com by e-mail.
A timely Response was received on October 15, 2007. However, the Response was received in electronic format only by the Response deadline, and thus the Forum does not consider this Response to be in compliance with ICANN Rule 5(a). 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 20, 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.
Complainant requests that the domain name be transferred from Respondent to Complainant.
1. Respondent’s <danskebank.tv> domain name is confusingly similar to Complainant’s DANSKE BANK mark.
2. Respondent does not have any rights or legitimate interests in the <danskebank.tv> domain name.
3. Respondent registered and used the <danskebank.tv> domain name in bad faith.
Respondent claims no rights in the disputed domain name and does not object to the transfer of the domain name to Complainant.
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.”).
Finding that Respondent does not object to Complainant’s request, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <danskebank.tv> domain name be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.),
Dated: November 5, 2007
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