General Mills, Inc. v.
Claim Number: FA0810001228658
Complainant is General Mills, Inc. (“Complainant”), represented by Chet
F. Garner, of Fulbright & Jaworski,
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <piilsbury.com>, <pilllsbury.com> and <kixcereal.com>, registered with Compana, LLC.
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.
Bruce E. O’Connor as Panelist.
This decision is being rendered in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the National Arbitration Forum’s UDRP Supplemental Rules (the “Supplemental Rules”).
Complainant submitted a Complaint to the National Arbitration Forum electronically on October 9, 2008; the National Arbitration Forum received a hard copy of the Complaint on October 10, 2008.
On October 13, 2008, Compana, LLC confirmed by e-mail to the National Arbitration Forum that the <piilsbury.com>, <pilllsbury.com> and <kixcereal.com> domain names are registered with Compana, LLC and that the Respondent is the current registrant of the names. 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 the Policy.
On October 14, 2008, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of November 3, 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, email@example.com and firstname.lastname@example.org by e-mail.
A timely Response was received and determined to be complete on November 3, 2008.
On November 6, 2008, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Bruce E. O’Connor as Panelist.
Complainant requests that the domain names be transferred from Respondent to Complainant.
Complainant is the owner of the famous trademarks PILLSBURY and KIX.
Respondent has no rights or legitimate interest in the domain names at issue.
Respondent registered and has used those domain names in bad faith.
Respondent agrees to the relief requested by Complainant. Respondent does not make an admission of the three elements of ¶ 4(a) of the Policy, but offers a “unilateral consent to transfer.”
Both Complainant and Respondent agree to transfer of the domain names in dispute from Respondent to Complainant.
After the initiation of this proceeding, the registrar, Compana LLC, placed a hold on Respondent’s account and therefore Respondent cannot transfer the disputed domain names while this proceeding is still pending. Where Respondent has not contested the transfer of the disputed domain names, but instead agrees to transfer the domain names in question to Complainant, the Panel may forego the traditional UDRP analysis and order an immediate transfer of the <piilsbury.com>, <pilllsbury.com> and <kixcereal.com> domain names. 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.”).
Other UDRP proceedings involving this very
Respondent and accepting the Respondent’s consent to transfer are: California
Academy of Sciences v. Texas Int’ Prop. Assocs., FA 944494 (Nat. Arb. Forum May
15, 2007); The Orvis Co. Inc. v.
Respondent having consented to transfer, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <piilsbury.com>, <pilllsbury.com> and <kixcereal.com> domain names be TRANSFERRED from Respondent to Complainant.
Bruce E. O’Connor Panelist
Dated: November 20, 2008
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