Woodfin Suite Hotels, LLC v.
Claim Number: FA0710001094577
Complainant is Woodfin Suite Hotels, LLC (“Complainant”), represented by John
C. McElwaine, of Nelson Mullins Riley &
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <woodfinsuiteshotels.com>, registered with Compana, LLC.
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.
James A. Carmody, Esq., as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum
On October 31, 2007, Compana, LLC confirmed by e-mail to the National Arbitration Forum that the <woodfinsuiteshotels.com> domain name is registered with Compana, LLC and that the Respondent is the current registrant of the name. Compana, LLC has verified that Respondent is bound by the Compana, LLC 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 November 2, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of November 23, 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 Response was received and determined to be complete on
On November 30, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed James A. Carmody, Esq., as Panelist.
Complainant requests that the domain name be transferred from Respondent to Complainant.
1. The <woodfinsuiteshotels.com> domain name at issue is confusingly similar to Complainant's marks.
2. Respondent has no rights or legitimate interests in the disputed domain name.
3. Respondent registered the disputed domain name in bad faith.
Respondent filed a Response which consents to the relief requested by Complainant.
Prior to the
registration of the domain name at issue, Complainant established its common
law rights in the WOODFIN trademark and its family of related WOODFIN marks,
including WOODFIN SUITE HOTEL, through its extensive use of such marks for
almost twenty years prior to the registration of <woodfinsuiteshotels.com>.
See ZRT Lab., LLC v.
The Respondent has filed a Response which does not dispute Complainants allegations and which consents to the relief requested by Respondent.
Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.”
Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(2) the Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
Preliminary Issue: Consent to Transfer the Subject Domain Name
Respondent has not disputed Complainant’s allegations
regarding the <woodfinsuiteshotels.com> domain
name. Rather, Respondent has
consented to a decision in favor of Complainant and 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
decides to forego the traditional 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.
Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <woodfinsuiteshotels.com> domain name be TRANSFERRED from Respondent to Complainant.
James A. Carmody, Esq., Panelist
Dated: December 10, 2007
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