National Arbitration Forum

 

DECISION

 

Tramontina S.A., Cutelaria c/o Tramontina USA, Inc. v. Texas International Property Associates - NA NA

Claim Number: FA0807001216685

 

PARTIES

 

Complainant is Tramontina S.A., Cutelaria c/o Tramontina USA, Inc. (“Complainant”), represented by Shannon W. Bates, of Conley Rose, P.C., Texas, 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 NAME

 

The domain name at issue is <tramontinausa.com>, registered with BudgetNames.com.

 

PANEL

 

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.

 

Bruce E. Meyerson as Panelist.

 

PROCEDURAL HISTORY

 

Complainant submitted a Complaint to the National Arbitration Forum electronically on July 21, 2008; the National Arbitration Forum received a hard copy of the Complaint on July 24, 2008.

 

On July 23, 2008, BudgetNames.com confirmed by e-mail to the National Arbitration Forum that the <tramontinausa.com> domain name is registered with BudgetNames.com and that the Respondent is the current registrant of the name.  BudgetNames.com has verified that Respondent is bound by the BudgetNames.com 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 August 28, 2008, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of September 17, 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@tramontinausa.com by e-mail.

 

A timely Response was received and determined to be complete on September 17, 2008.

 

On September 25, 2008, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Bruce E. Meyerson as Panelist.

 

RELIEF SOUGHT

 

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PARTIES’ CONTENTIONS

 

A.     Complainant

 

Complainant states that it has rights in the TRAMONTINA mark through its registration with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 1,528,305 issued March 7, 1989).   Complainant argues that Respondent lacks all rights and legitimate interests in the <tramontinausa.com> domain name and that Respondent has acted in bad faith because the disputed domain name resolves to a website offering third-party links to Complainant’s competitors. 

 

B.     Respondent

 

Respondent consents to the transfer of the domain name.

 

FINDINGS

 

Respondent agrees that the domain name may be transferred to Complainant.

 

DISCUSSION

 

Respondent agrees that the domain may be transferred to Complainant.  Accordingly, because Respondent has not contested the transfer of the disputed domain name but instead agrees to transfer the domain name in question to Complainant, the Panel elects to forego the traditional UDRP analysis and order an immediate transfer of the <tramontinausa.com> 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.”).

 

DECISION

 

Pursuant to the consent of the Respondent concerning the transfer of the domain name, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <tramontinausa.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Bruce E. Meyerson, Panelist
Dated: October 9, 2008

 

 

 

 

 

 

Click Here to return to the main Domain Decisions Page.

 

Click Here to return to our Home Page

 

National Arbitration Forum