Claim Number: FA0807001216685
Complainant is Tramontina
The domain name at issue is <tramontinausa.com>, registered with BudgetNames.com.
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.
Complainant submitted a Complaint to the National Arbitration Forum
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 firstname.lastname@example.org by e-mail.
A timely Response was received and determined to be complete on
Complainant requests that the domain name be transferred from Respondent to 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.
Respondent consents to the transfer of the domain name.
Respondent agrees that the domain name may be transferred to Complainant.
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
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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