Magline, Inc. v. Maison Tropicale S.A.
Claim Number: FA0803001163672
Complainant is Magline, Inc. (“Complainant”), represented by Richard
W. Hoffman, of Reising Ethington Barnes Kisselle PC,
REGISTRAR AND DISPUTED DOMAIN
NAME
The domain name at issue is <maglineinc.com>, registered with Belgiumdomains, LLC.
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.
Terry F. Peppard as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on March 14, 2008; the National Arbitration Forum received a hard copy of the Complaint on March 14, 2008.
On March 17, 2008, Belgiumdomains, LLC confirmed by e-mail to the National Arbitration Forum that the <maglineinc.com> domain name is registered with Belgiumdomains, LLC and that Respondent is the current registrant of the name. Belgiumdomains, LLC has verified that Respondent is bound by the Belgiumdomains, 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 March 20, 2008, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of April 9, 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@maglineinc.com by e-mail. Respondent responded with a non-compliant e-mail communication dated March 26, 2008.
Having received no compliant response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On April 16, 2006, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Terry F. Peppard as sole Panelist in this proceeding.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the subject domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
Complainant sells material handling equipment such as dollies, handles, hand trucks and ramps under its MAGLINE mark.
Complainant operates a website for its products at its <magline.com> domain name.
Complainant registered its MAGLINE mark with the United States Patent and Trademark Office on December 30, 1980 (Reg. No. 1,144,707).
Respondent registered its <maglineinc.com> domain name on November 19, 2006.
Respondent’s disputed domain name resolves to a web page which displays links to third-party web pages operated by Complainant’s competitors.
Respondent’s <maglineinc.com> domain name is confusingly similar to Complainant’s MAGLINE mark.
Respondent does not have any rights to or legitimate interests in the <maglineinc.com> domain name.
Respondent registered and uses the <maglineinc.com> domain name in bad faith.
B. Respondent failed to submit a compliant Response in this proceeding. However, in a communication to the National Arbitration Forum dated March 26, 2008, Respondent declared: “I wish to give up the domain.”
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following in order to obtain from a Panel an order that a domain name be transferred:
i.
the
domain name registered by Respondent is identical or confusingly similar to a
trademark or service mark in which Complainant has rights;
ii.
Respondent
has no rights or legitimate interests in respect of the domain name; and
iii.
the domain name
has been registered and is being used in bad faith.
Notwithstanding the
foregoing, 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.”
Further, Policy ¶ 3(a) provides for the transfer of a domain
name registration upon the written instructions of the parties to a UDRP
proceeding without the need for otherwise required findings and conclusions
(see Malev Hungarian Airlines, Ltd. v.
Vertical Axis Inc., FA 212653 (Nat. Ar. Forum
DECISION
Respondent does not contest the material allegations of the Complaint. And, in particular, it does not contest Complainant’s request that the disputed domain name be transferred to Complainant. Rather it declares that Respondent wishes to give up the domain name. Thus the parties have effectively agreed in writing to a transfer of the domain name from Respondent to Complainant without the need for further proceedings.
Accordingly, it is Ordered that the <maglineinc.com> domain name be forthwith TRANSFERRED from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: April 22, 2008
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