HMC Products, Inc. v. Michael L Lotz
Claim Number: FA0712001124642
Complainant is HMC Products, Inc. (“Complainant”), represented by Angela
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <casecutter.com>, registered with the Name It Corporation d/b/a Nameservices.Net.
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 January 18, 2008, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of February 7, 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 email@example.com by e-mail.
A Response was received and determined to be deficient on
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
1. Respondent’s <casecutter.com> domain name is confusingly similar to Complainant’s CASECUTTER 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 which appears to consent to the transfer of the domain name at issue from the Respondent to the Complainant.
Respondent apparently consents to transfer the <casecutter.com> domain name to Complainant. Complainant contends, and Respondent does not deny, that Respondent has attempted to transfer the disputed domain name in the past to no avail. Complainant had requested that Respondent execute a “change of ownership form,” which Respondent did. However, because Respondent’s signature was not notorized, Registrar was unable to accept the form. All of Complainant’s subsequent attempts to contact Respondent have failed and the disputed domain name remains registered to Respondent. Respondent does not deny any of the allegations in the Complaint.
Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.”
Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(2) the Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
PRELIMINARY ISSUE: CONSENT TO TRANSFER
In a circumstance such as this, in which Respondent has
not contested the transfer of the disputed
domain name but instead agrees to transfer the domain name in question to Complainant, the Panel will forego the
traditional UDRP analysis and order an immediate transfer of the <casecutter.com> domain name. See
Boehringer Ingelheim Int’l GmbH v.
Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum
Accordingly, it is Ordered that the <casecutter.com> domain name be TRANSFERRED from Respondent to Complainant.
James A. Carmody, Esq., Panelist
Dated: February 28, 2008
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