State Farm Mutual Automobile Insurance Company v. Global Selling Network, LLC c/o Marvin Miller
Claim Number: FA0807001213541
Complainant is State Farm Mutual Automobile Insurance
Company (“Complainant”), represented
by Debra J.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <statefarmgivesback.info>, <statefarmgivesback.com>, <statefarmgivesback.net> and <statefarmgivesback.org>, registered with Wild West Domains, Inc.
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.
Hon. Sir Ian Barker as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum
On July 8, 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 email@example.com, firstname.lastname@example.org, email@example.com and firstname.lastname@example.org by e-mail.
A timely Response was received on
Complainant requests that the domain names be transferred from Respondent to Complainant.
Complainant is a nationally-known company in the insurance and financial services industry. It has done business under the name “State Farm” since 1930. It owns registered trademarks for “State Farm” and “State Farm Insurance” and for several other trademarks incorporating the words “State Farm.” It has developed an Internet presence since 1995 with the domain name <statefarm.com>.
Complainant gave Respondent no rights to use the words “State Farm” for which it has trademark rights.
Respondent registered the disputed domain names on April 30, 2008. Respondent, in May 2008, offered to sell the disputed domain names to Complainant for more than the costs of registration – i.e. for $500.00 per name.
In the e-mail Response, Respondent offered the unlock codes for the disputed domain names, without admitting any wrongdoing. Respondent did not seek any reimbursement or compensation.
Respondent has consented to the transfer to Complainant of the disputed domain names by providing the unlock codes or not seeking any compensation or reimbursement.
Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.”
Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(2) the Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
However, where a respondent has admitted that he/she/it does not have
an interest in a disputed domain name and has consented to the transfer of the
disputed domain name, the Panel may forego the traditional UDRP analysis and order
the immediate transfer of the disputed domain name. See
The same approach can be found in WIPO decisions, such as Williams-Sonoma Inc. v. VEZ-Port, D2000-0207 (WIPO May 8, 2000) and Slumberland France v. Acohuri D2000-0195 (WIPO June 14, 2000).
Because of the Respondent’s acknowledgement and the above authorities, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <statefarmgivesback.info>, <statefarmgivesback.com>, <statefarmgivesback.net> and <statefarmgivesback.org> domain names be TRANSFERRED from Respondent to Complainant.
Hon. Sir Ian Barker, Panelist
Dated: August 19, 2008
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