National Arbitration Forum

 

DECISION

 

Trilithic, Inc. v. Texas International Property Associates - NA NA

Claim Number: FA0711001106366

 

PARTIES

Complainant is Trilithic, Inc. (“Complainant”), represented by David A.W. Wong, of Barnes & Thornburg LLP, 11 South Meridian Street, Indianapolis, IN 46204-3535.  Respondent is Texas International Property Associates - NA NA (“Respondent”), represented by Gary Wayne Tucker, of Law Office of Gary Wayne Tucker, PO Box 703431, Dallas, TX 75370.

 

 

REGISTRAR AND DISPUTED DOMAIN NAME 

The domain name at issue is <trialithic.com>, registered with Compana, LLC.

 

PANEL

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.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on November 5, 2007; the National Arbitration Forum received a hard copy of the Complaint on November 6, 2007.

 

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 postmaster@trialithic.com by e-mail.

 

A timely Response was received and determined to be complete on December 20, 2007.

On December 29, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Sandra J. Franklin as Panelist.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PARTIES’ CONTENTIONS

            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.

 

FINDINGS

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 Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat Arb. Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”); 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

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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