Yurman Studio, Inc. v. Marble Arch Enterprises, Inc. c/o Steven Merahn
Claim Number: FA0710001094478
Complainant is Yurman Studio, Inc. (“Complainant”), represented by Louis
S. Ederer, of Arnold & Porter LLP,
REGISTRAR AND DISPUTED DOMAIN
NAME
The domain name at issue is <davidyurmansucks.com>, registered with Register.com, Inc.
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 October 16, 2007; the National Arbitration Forum received a hard copy of the Complaint on October 17, 2007.
On October 17, 2007, Register.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <davidyurmansucks.com> domain name is registered with Register.com, Inc. and that Respondent is the current registrant of the name. Register.com, Inc. has verified that Respondent is bound by the Register.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 October 23, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of November 13, 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@davidyurmansucks.com by e-mail.
Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default. On November 19, 2007, Respondent sent an email to the Forum consenting to transfer the disputed domain name to Complainant.
On November 19, 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.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
1. Respondent’s <davidyurmansucks.com> domain name is confusingly similar to Complainant’s DAVID YURMAN mark.
2. Respondent does not have any rights or legitimate interests in the <davidyurmansucks.com> domain name.
3. Respondent registered and used the <davidyurmansucks.com> domain name in bad faith.
B. Respondent consents to transfer of the <davidyurmansucks.com> domain name to Complainant.
DECISION
Since Respondent has consented to the transfer of the disputed domain name, the Panel shall 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.”). Accordingly, the Panel concludes that relief shall be GRANTED and it is Ordered that the <davidyurmansucks.com> domain name be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.), Panelist
Dated: November 30, 2007
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