Robert Half International
Inc. v.
Claim Number: FA0806001211672
PARTIES
Complainant is Robert Half International Inc. (“Complainant”), represented by Britton
Payne, of Foley & Lardner LLP,
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <acccountemps.com> and <accoountemps.com>,
registered with Compana, LLC.
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.
David S. Safran, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on June 23, 2008; the
National Arbitration Forum received a hard copy of the Complaint on June 26, 2008.
On June 30, 2008, Compana, LLC confirmed by e-mail to the
National Arbitration Forum that the <acccountemps.com> and <accoountemps.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 July 7, 2008, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of July 28, 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@acccountemps.com and postmaster@accoountemps.com
by e-mail.
A timely Response was received and determined to be complete on July 28, 2008.
On August 6, 2008, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed David S. Safran as Panelist.
RELIEF SOUGHT
Complainant requests that the domain names be transferred from
Respondent to Complainant.
DECISION
Respondent has consented to transfer the <acccountemps.com> and <accoountemps.com> domain names to Complainant. As a result, the Panel finds that, in a circumstance such as this, where Respondent has not contested the transfer of the disputed domain names, but instead agrees to transfer the domain names in question to Complainant, the Panel has decided to forego the traditional UDRP analysis and order an immediate transfer of the <acccountemps.com> and <accoountemps.com> domain names. 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.”).
Therefore, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <acccountemps.com> and <accoountemps.com>
domain names be TRANSFERRED from Respondent to Complainant.
___________________________________________________
David S. Safran, Panelist
Dated: August 20, 2008
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