Pierce Sales Co. Inc. v. Matthew Birchard
Claim Number: FA0712001117888
Complainant is Pierce Sales Co. Inc. (“Complainant”), represented by Brandt
W. Gebhardt, of Baker & Hostetler LLP,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <worldrestaurantequipment.com>, registered with AAAQ.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.
James A. Carmody, Esq., as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum
On December 14, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of January 3, 2008 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
On February 27, 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.
A. Complainant makes the following assertions:
1. Respondent’s <worldrestaurantequipment.com> domain name at issue is confusingly similar to Complainant’s RESTAURANT EQUIPMENT WORLD mark.
2. Respondent does not have any rights or legitimate interests in the domain name at issue.
3. Respondent registered and used the domain name at issue in bad faith.
B. Respondent filed a Response in this proceeding which consented to transfer of the domain name at issue to the Complainant.
PRELIMINARY ISSUE: Consent to Transfer the Subject Domain Name
Respondent does not contest any of Complainant’s allegations
regarding the <worldrestaurantequipment.com> domain
name at issue. Rather, Respondent
has consented to a ruling in favor of Complainant and has authorized the
immediate transfer of the subject domain name.
Accordingly, in a circumstance such as this, in which Respondent
has consented to the transfer of the disputed domain name, the Panel elects to
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
Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <worldrestaurantequipment.com> domain name be TRANSFERRED from Respondent to Complainant.
James A. Carmody, Esq., Panelist
Dated: March 12, 2008
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