Tramontina
Claim Number: FA0807001216685
PARTIES
Complainant is Tramontina
REGISTRAR
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.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on
On
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
On
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
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.
Dated: October 9, 2008
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