International Edge, Inc. v. Oversee Research and Development LLC
Claim Number: FA0802001144130
Complainant is International Edge, Inc. (“Complainant”), represented by Peter
D. Murray, of Cooper & Dunham LLP,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <pedeggespanol.com>, registered with Nameking.com, Inc.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
Honorable Paul A. Dorf (Ret.) as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum
On February 15, 2008, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of March 6, 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 timely Response was received and determined to be complete on
Complainant requests that the domain name be transferred from Respondent to Complainant.
Complainant contends that the domain name at issue is identical or confusingly similar to the Complainant’s mark and is likely to cause confusion; that Respondent has no rights or legitimate interests in the domain name at issue, and that the domain name at issue was registered in bad faith.
Respondent contends that it was not aware of Complainant at the time the domain name at issue was registered. Respondent stipulates that it is willing to voluntarily transfer the domain name at issue to the Complainant.
The Panel will not make any findings of fact as Complainant has requested the domain name at issue be transferred to them and Respondent stipulates that it is willing to voluntarily transfer the domain name at issue to Complainant.
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.”
As Respondent does not contest any of Complainant’s allegations regarding the domain name at issue, and has consented to judgment in favor of Complainant. 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.”)
Respondent has stipulated that the domain name <pedeggespanol.com> be transferred to Complainant. Accordingly, it is Ordered that the <pedeggespanol.com> domain name be TRANSFERRED from Respondent to Complainant.
Honorable Paul A. Dorf (Ret.), Panelist
Dated: March 28, 2008
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page
National Arbitration Forum