National Arbitration Forum

 

DECISION

 

Robert Half International Inc. v. Texas International Property Associates - NA NA

Claim Number: FA0806001211672

 

PARTIES

Complainant is Robert Half International Inc. (“Complainant”), represented by Britton Payne, of Foley & Lardner LLP, New York, USA.  Respondent is Texas International Property Associates - NA NA (“Respondent”), represented by Gary Wayne Tucker, of Law Office of Gary Wayne Tucker, Texas, USA.

 

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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