Sasol Limited v.
Claim Number: FA0808001220064
PARTIES
Complainant is Sasol Limited (“Complainant”), represented by Daniel
Greenberg, of Greenberg Attorneys,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <wwwsasol.com>, registered with Compana, LLC.
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.
James A. Carmody, Esq., as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on
On August 21, 2008, Compana, LLC confirmed by e-mail to the
National Arbitration Forum that the <wwwsasol.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 21, 2008, a
Notification of Complaint and Commencement of Administrative Proceeding (the
“Commencement Notification”), setting a deadline of September 10, 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
A timely Response was received and determined to be complete on
Complainant submitted an Additional Submission on
On September
19, 2008, pursuant to Complainant’s request to have the dispute decided by a single-member
Panel, the National Arbitration Forum appointed
James A. Carmody, Esq., as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant makes the following assertions:
1. Respondent’s <wwwsasol.com> domain name at issue is confusingly similar to Complainant’s SASOL mark.
2. Respondent does not have any rights or legitimate interests in the <wwwsasol.com> domain name.
3. Respondent registered and used the domain name at issue in bad faith.
B. Respondent filed a Response consenting to transfer of the domain name at issue to the Complainant.
C.
Additional Submissions were received from each party but were not
considered. The Panel determined not to consider Complainant’s
Additional Submission because it was not timely filed or the Additional
Submission of Respondent which merely replied to it. See, e.g.,
SuNyx Surface Nanotechnologies GmbH v.
Primmer, D2002-0968 (WIPO Jan. 20, 2003)
(choosing not to consider either the complainant’s or the respondent’s
additional submissions that were received
after the stated deadline where neither set out any new facts or other
circumstances that would justify the late submission).
FINDINGS
Complainant is an international petroleum,
chemical, mining and technology company that conducts business in over 149
countries worldwide, specializing in the manufacture and supply of chemicals,
fuels and oils. Complainant’s head office is
situated in
The relevant part of the domain name at issue is
WWWSASOL. The prefix of the Domain “WWW” is the well known acronym for the
“World Wide Web,” and is an extremely common prefix (when succeeded by a period
/ full stop) to a domain name in a URL, for a webpage, on the Internet. The
letters “WWW” therefore have no distinguishing capacity in the context of
domain names. Complainant has not
authorized Respondent to use the SASOL mark for any purpose or to register the
domain name <wwwsasol.com>.
Respondent filed a
Response which consents to the transfer of the domain name at issue from
Respondent to Complainant.
DISCUSSION
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.
Preliminary Issue: Consent
to Transfer
Respondent
consents to transfer the <wwwsasol.com> domain
name to Complainant. Accordingly, the Panel decides to forego the traditional UDRP analysis and order an immediate
transfer of the <wwwsasol.com> domain name. See
Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625
(Nat. Arb. Forum
DECISION
The Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <wwwsasol.com> domain name be TRANSFERRED
from Respondent to Complainant.
James A. Carmody, Esq., Panelist
Dated: October 3, 2008
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