International Edge, Inc. v.
Oversee Research and Development LLC
Claim Number: FA0802001144130
PARTIES
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.
PANEL
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.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on
On
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 postmaster@pedeggespanol.com by
e-mail.
A timely Response was received and determined to be complete on
On
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. 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.
B. Respondent
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.
FINDINGS
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.
DISCUSSION
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.”)
DECISION
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
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