Trilithic, Inc. v.
Claim Number: FA0711001106366
Complainant is Trilithic, Inc. (“Complainant”), represented by David
A.W. Wong, of Barnes & Thornburg LLP,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <trialithic.com>, registered with Compana, LLC.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
Sandra J. Franklin as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum
On November 27, 2007, Compana, LLC confirmed by e-mail to the National Arbitration Forum that the <trialithic.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 30, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of December 20, 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 firstname.lastname@example.org by e-mail.
A timely Response was received and determined to be complete on
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
1. Respondent’s <trialithic.com> domain name is confusingly similar to Complainant’s TRILITHIC mark.
2. Respondent does not have any rights or legitimate interests in the <trialithic.com> domain name.
3. Respondent registered and used the <trialithic.com> domain name in bad faith.
B. Respondent consented to the transfer of the <trialithic.com> domain name to Complainant.
Preliminary Issue: Consent to Transfer the Subject Domain Name
Respondent does not contest or
admit any of Complainant’s allegations regarding the <trialithic.com> domain
name. Rather, Respondent has
consented to judgment in favor of Complainant and authorized the immediate
transfer of the subject domain name. The
purpose of arbitration, namely to resolve the dispute, has already been
served. Panel therefore orders the
immediate transfer of the domain name. See
Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625
(Nat. Arb. Forum
For the foregoing reasons, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <trialithic.com> domain name be TRANSFERRED from Respondent to Complainant.
Sandra J. Franklin, Panelist
Dated: January 9, 2008
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