CPA2Biz, Inc. v.
Claim Number: FA0712001124440
PARTIES
Complainant is CPA2Biz, Inc. (“Complainant”), represented by Rachel
Dooley, of Willkie Farr & Gallagher LLP,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <cpa2bix.com>, registered with Compana, LLC.
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.
The Honorable Charles K. McCotter, Jr. (Ret.)
as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on December 21, 2007; the
National Arbitration Forum received a hard copy of the Complaint on December 26, 2007.
On January 3, 2008, Compana, LLC confirmed by e-mail to the
National Arbitration Forum that the <cpa2bix.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 January 4, 2008, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of January 24, 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@cpa2bix.com by e-mail.
A Response was received and determined to be complete on January 25, 2008. However, the Response was late pursuant to
ICANN Rule 5. In its discretion, the
Panel will consider the Response. See
Telstra Corp. v. Chu, D2000-0423 (WIPO June 21, 2000) (finding that any weight
to be given to the lateness of the response is solely in the discretion of the
panelist); see also Gaiam, Inc. v. Nielsen, FA 112469 (Nat. Arb.
Forum July 2, 2002) (“In the interest of having claims decided on the merits
and not by default and because Complainant has not been prejudiced in the
presentation of its case by the late submission, Respondent’s opposition
documents are accepted as timely.”).
On February 4, 2008, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed the Honorable Charles K. McCotter, Jr.
(Ret.) as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
DISCUSSION
Respondent does not contest any of
Complainant’s allegations regarding the <cpa2bix.com> domain
name. Rather, Respondent has
consented to judgment in favor of Complainant and authorized the immediate
transfer of the subject domain name. In
a circumstance such as this, where Respondent has consented to the transfer of
the disputed domain name, the Panel will 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 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 <cpa2bix.com> domain name be TRANSFERRED
from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.),
Panelist
Dated: February 15, 2008
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