Union-Tribune Publishing Co.
Claim Number: FA0803001173139
Complainant is Union-Tribune Publishing Co. (“Complainant”), represented by
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <signonsaniego.com> and <uninotrib.com>, registered with Compana, 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.
Héctor A. Manoff, as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on March 31, 2008; the National Arbitration Forum received a hard copy of the Complaint on April 2, 2008.
On April 7, 2008, Compana, LLC confirmed by e-mail to the National Arbitration Forum that the <signonsaniego.com> and <uninotrib.com> domain names are registered with Compana, LLC and that the Respondent is the current registrant of the names. Compana, LLC has verified that Respondent is bound by the Compana, 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 April 14, 2008, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of May 5, 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 firstname.lastname@example.org and email@example.com by e-mail.
Pursuant to the parties’ joint request, the National Arbitration Forum granted a Stay of the Administrative Proceeding on April 25, 2008 for 45 days under the National Arbitration Forum’s Supplemental Rule 6(b)(i), setting a deadline of June 5, 2008 for either party to request a continuation of the stay, or the Complaint would be considered withdrawn.
Pursuant to Complainant’s request, the National Arbitration Forum granted an Order to Lift the Stay of Arbitration on May 16, 2008, thereby setting a deadline of May 27, 2008 by which Respondent could file a Response to the Complaint.
A timely Response was received and determined to be complete on May 27, 2008.
On June 3, 2008, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Héctor A. Manoff as Panelist.
Complainant requests that the domain names be transferred from Respondent to Complainant.
Complainant is the owner of the
Complainant states that it also owns the domain name <signonsandiego.com>, which brands The Union-Tribune newspaper’s website, and <uniontrib.com>, which is also used to direct users to said newspaper’s website.
Complainant found out that Respondent had registered <signonsaniego.com> and <uninotrib.com> domain names in order to take advantage of mistyped branded domain names to direct Internet users who are looking for their online newspaper to a link farm under the guise of providing information about San Diego.
Despite the cease and desist letters sent by the Complainant, the Respondent did not agree to transfer the above-mentioned domain names.
Respondent agrees to the relief requested by Complainant. It does not make any admission of the three elements of Paragraph 4(a) of the Policy but offers a “unilateral consent to transfer.”
Response constitutes Respondent’s explicit consent to transfer the domain names <signonsaniego.com> and <uninotrib.com> to Complainant.
Respondent does not contest any
of Complainant’s allegations regarding the <signonsaniego.com> and <uninotrib.com>
domain names. Rather, Respondent has consented to a
ruling in favor of Complainant and has authorized the immediate transfer of the
domain names at issue. In a
circumstance such as this, it is appropriate for the Panel to forego the
traditional UDRP analysis and order the immediate transfer of the domain
name. See Antioch Co.
Having ruled that Respondent’s Response constitutes an explicit consent to transfer, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <signonsaniego.com> and <uninotrib.com> domain names be TRANSFERRED from Respondent to Complainant.
Héctor A. Manoff, Panelist
Dated: June 17, 2008
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