Vacation Publications, Inc. v. Portfolio Brains, LLC
Claim Number: FA0801001139522
Complainant is Vacation Publications, Inc. (“Complainant”), represented by Emerson
REGISTRAR AND DISPUTED DOMAIN
NAMES
The domain names at issue are <tourvacationtogo.com>, <resortvacationtogo.com> and <resortvacations2go.com>, registered with Nameking.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.
Judge Ralph Yachnin as Panelist.
Complainant submitted a Complaint to
the National Arbitration Forum electronically on
On
On January 29, 2008, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of February 19, 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@tourvacationtogo.com, postmaster@resortvacationtogo.com and postmaster@resortvacations2go.com by e-mail.
On
On February 26, 2008, a Response was received and determined to be deficient. However, the Panel chose to consider its contents.
RELIEF SOUGHT
Complainant requests that the domain names be transferred from Respondent to Complainant.
DISCUSSION
The Respondent submitted an Answer to the Complaint wherein;
“Respondent stipulates that it is willing to voluntarily transfer of the Domain Names to the Complainant. For the reasons stated below, Respondent respectfully requests that the transfer be ordered without findings of fact or conclusions as to Policy 4(a) other than the Domain Names be transferred.”
The said Answer was received on a date past the deadline thereby exposing Respondent to a decision based upon its default. However, the Arbitrator found that “Exceptional Circumstances” (Uniform Dispute Resolution Policy Section 14) had been exhibited and permitted the Answer to be considered, with the observation that since the Complainant was then at the disadvantage time wise in not being able to submit a Reply to the Answer, the Complainant was specifically permitted to thereupon serve a Reply, but it would be limited to any objection or reason why the Panel should not grant the Respondent’s request “that the Domain Names be transferred to Complainant without further findings of fact or liability. The Complainant has failed to Reply.
The Panel notes that Respondent has not disputed
Complainant’s allegations. Rather,
Respondent has requested that the Panel transfer the <tourvacationtogo.com>, <resortvacationtogo.com>
and <resortvacations2go.com>
domain names. The Panel finds that in a circumstance such as this,
where Respondent has consented to the transfer of the disputed domain names,
the Panel may decide to forego the traditional UDRP analysis and order the
immediate transfer of the domain names. See
Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625
(Nat. Arb. Forum
The Complainant having brought on this proceed for an order directing the Respondent to transfer to it three domain names: <tourvacationtogo.com>, <resortvacationtogo.com> and <resortvacations2go.com> and the Respondent have consented thereto
Accordingly, it is Ordered that the <tourvacationtogo.com>, <resortvacationtogo.com> and <resortvacations2go.com> domain names be TRANSFERRED from Respondent to Complainant.
Hon. Ralph Yachnin, Panelist
Justice, Supreme Court, NY (Ret.)
Dated: March 27, 2008
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