Talecris Biotherapeutics,
Inc. v. hawkey gang
Claim Number: FA0803001169957
PARTIES
Complainant is Talecris Biotherapeutics, Inc. (“Complainant”), represented by Maury
M. Tepper, of Womble Carlyle Sandridge & Rice, PLLC,
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <prolastin2.com> and <prolastinmp.com>,
registered with Godaddy.com, Inc.
PANEL
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.
Richard DiSalle as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on March 26, 2008; the
National Arbitration Forum received a hard copy of the Complaint on March 27, 2008.
On March 27, 2008, Godaddy.com, Inc. confirmed by e-mail to the
National Arbitration Forum that the <prolastin2.com> and <prolastinmp.com>
domain names are registered with Godaddy.com,
Inc. and that Respondent is the current registrant of the name. Godaddy.com,
Inc. has verified that Respondent is bound by the Godaddy.com, Inc. 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 28, 2008, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of April 17, 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@prolastin2.com and postmater@prolastinmp.com
by e-mail.
Respondent submitted a Response to the National Arbitration Forum in
electronic form in a timely manner; however, the National Arbitration Forum did
not receive the hard copy of this Response within the Response deadline.
On April 25, 2008, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Richard DiSalle as Panelist.
RELIEF SOUGHT
Complainant requests that the domain names be transferred from
Respondent to Complainant.
FINDINGS
Respondent does not contest any of
Complainant’s allegations regarding the <prolastin2.com> and <prolastinmp.com>
domain names. Rather, Respondent has requested the
Panel to order the immediate transfer of the subject domain name to the
Complainant. The Panel has
decided, in a circumstance such as this, where Respondent has consented to the
transfer of the disputed domain name, to 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 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.”); see
also Disney Enters., Inc. v. Morales, FA 475191 (Nat. Arb. Forum June 24,
2005) (“[U]nder such circumstances, where Respondent has agreed to comply with
Complainant’s request, the Panel felt it to be expedient and judicial to forego
the traditional UDRP analysis and order the transfer of the domain names.”).
DECISION
Accordingly, it is Ordered that the <prolastin2.com> and <prolastinmp.com>
domain names be TRANSFERRED from Respondent to Complainant.
Richard DiSalle, Panelist
Dated: May 9, 2008
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