Anheuser – Busch, Incorporated v. Carl Paige
Claim Number: FA0805001195913
PARTIES
Complainant is Anheuser – Busch, Incorporated (“Complainant”), represented by Paul
D. McGrady, of Greenberg Taurig,
LLP, Illinois, USA.
Respondent is Carl Paige (“Respondent”),
REGISTRAR AND
DISPUTED DOMAIN NAME
The domain name at issue is <teambudlight.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.
Robert T. Pfeuffer, Senior District Judge, as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on May 29, 2008; the National Arbitration Forum received a hard copy of the Complaint on May 30, 2008.
On May 30, 2008, Godaddy.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <teambudlight.com> domain name is registered with Godaddy.com, Inc. and that the 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 June 4, 2008, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of June 24, 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@teambudlight.com by e-mail.
On June 23, 2008, the Respondent filed a Response in a timely manner with the National Arbitration Forum by facsimile filing.
On July 1, 2008, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Robert T. Pfeuffer, Senior District Judge, as Panelist.
In his response, the Respondent does not contest any of Complainant’s allegations regarding the <teambudlight.com> domain name. Rather, Respondent has consented to judgment in favor of Complainant and authorized the immediate transfer of the domain name. The Panelist finds under such circumstance as this, where Respondent has consented to the transfer of the disputed domain name, the Panel may decide 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.”).
FINDINGS
The
Respondent has requested that the disputed domain name be transferred forthwith to the Complainant. Therefore, no further analysis is required.
DECISION
The Respondent having specifically requested that the Panel forego the usual UDRP analysis and to simply make an order for the transfer of the domain name to the Complainant, it is therefore the conclusion of the Panel that the relief sought by the Complainant requesting the disputed domain name be transferred to it, should be GRANTED.
Accordingly, it is Ordered that the <teambudlight.com> domain name be TRANSFERRED from Respondent to Complainant.
ROBERT T. PFEUFFER,
Senior District Judge, Panelist
Dated: July 9, 2008
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