Danske Bank A/S v.
Ideolution Industries Inc.
Claim Number: FA0709001075606
PARTIES
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.
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 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 postmaster@danskebank.tv 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.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. 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.
B. Respondent
Respondent claims no rights in the disputed domain name and does not
object to the transfer of the domain name to Complainant.
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
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.),
Panelist
Dated: November 5, 2007
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