BNSF Railway Company v.
Claim Number: FA0808001219022
PARTIES
Complainant is BNSF Railway Company (“Complainant”), represented by Deborah
L. Lively, of Thompson & Knight, LLP,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <burlingtonnorthernrr.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 August 5, 2008; the
National Arbitration Forum received a hard copy of the Complaint on August 5, 2008.
On August 6, 2008, Compana, LLC confirmed by e-mail to the
National Arbitration Forum that the <burlingtonnorthernrr.com> domain
name is registered with Compana, LLC and
that the Respondent is the current registrant of the name. 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 August 8, 2008, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of August 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@burlingtonnorthernrr.com by e-mail.
A timely Response was received and determined to be complete on August 28, 2008.
On September 8, 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 name be transferred from
Respondent to Complainant.
DECISION
Respondent has consented to transfer the <burlingtonnorthernrr.com> domain name 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 name, but instead agrees to transfer the domain name in question to Complainant, the Panel decides to forego the traditional UDRP analysis and order an immediate transfer of the <burlingtonnorthernrr.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.”).
Therefore, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <burlingtonnorthernrr.com> domain
name be TRANSFERRED from Respondent to Complainant.
David S. Safran, Panelist
Dated: September 22, 2008
Click Here to return
to the main Domain Decisions Page.
Click
Here to return to our Home Page
National
Arbitration Forum
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page