Sears Brands, LLC v. Web
Brands, Inc.
Claim Number: FA0803001164410
PARTIES
Complainant is Sears Brands, LLC (“Complainant”), represented by Paul
D. McGrady, of Greenberg Traurig, LLP, Illinois, USA. Respondent is Web Brands, Inc. (“Respondent”),
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <mysears.com>, registered with Godaddy.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.
Sandra J. Franklin as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on
On
On March 25, 2008, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of April 14, 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@mysears.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 makes the following assertions:
1. Respondent’s <mysears.com> domain name is confusingly similar to Complainant’s SEARS mark.
2. Respondent does not have any rights or legitimate interests in the <mysears.com> domain name.
3. Respondent registered and used the <mysears.com> domain name in bad faith.
B. Respondent
did not contest the Complainant’s contentions and indicated it has voluntarily
given up the <mysears.com>
domain name.
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.”
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 the
Subject Domain Name
Respondent does not contest
Complainant’s allegations regarding the <mysears.com> domain
name. Rather, Respondent has
agreed to the immediate transfer of the subject domain name. The Panel finds that where Respondent
has authorized the transfer of the disputed domain name, it may forego the
traditional UDRP analysis and order the immediate transfer of the domain
name. See Boehringer Ingelheim Int’l
GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum
DECISION
For the foregoing reasons, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <mysears.com> domain name be TRANSFERRED
from Respondent to Complainant.
Sandra J. Franklin, Panelist
Dated: April 30, 2008
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