National Arbitration Forum

 

DECISION

 

Pierce Sales Co. Inc. v. Matthew Birchard

Claim Number: FA0712001117888

 

PARTIES

Complainant is Pierce Sales Co. Inc. (“Complainant”), represented by Brandt W. Gebhardt, of Baker & Hostetler LLP, Ohio, USA.  Respondent is Matthew Birchard (“Respondent”), Oregon, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAME 

The domain name at issue is <worldrestaurantequipment.com>, registered with AAAQ.COM, Inc.

 

PANEL

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.

 

PROCEDURAL HISTORY

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

 

On December 6, 2007, AAAQ.COM, Inc. confirmed by e-mail to the National Arbitration Forum that the <worldrestaurantequipment.com> domain name is registered with AAAQ.COM, Inc. and that the Respondent is the current registrant of the name.  AAAQ.COM, Inc. has verified that Respondent is bound by the AAAQ.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 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 postmaster@worldrestaurantequipment.com by e-mail.

 

On December 18, 2007, Complainant and Respondent filed a Joint Request to Stay the Administrative Proceeding pursuant to the National Arbitration Forum’s Supplemental Rule 6(b)(i) for a period of forty-five (45) days until February 1, 2008.  On December 18, 2007, the National Arbitration Forum granted the Stay Request, and the matter was Stayed.

 

On February 1, 2008, Complainant filed a Request to Remove the Stay of the Administrative Proceeding pursuant to the National Arbitration Forum’s Supplemental Rule 6(b)(ii).  On February 4, 2008, the National Arbitration Forum granted Complainant’s Request and removed the Stay, setting a new deadline of February 20, 2008 by which Respondent could file a Response to the Complaint.

 

A timely Response was received and determined to be complete on February 20, 2008.

 

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.

 

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 <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 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

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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