The American Automobile Association, Inc. v.
Guaranteed Sales a/k/a Paul Sellers
Claim Number: FA0811001233514
PARTIES
Complainant is The American Automobile Association, Inc. (“Complainant”),
represented by Erin C. Smith, of Covington & Burling LLP,
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <aaatravelsite.com>
and <aaatravelsite.info>,
registered with Godaddy.com, Inc.
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.
Hector A. Manoff as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on November 11, 2008; the National Arbitration Forum received a
hard copy of the Complaint on November 12, 2008.
On November 12, 2008, Godaddy.com, Inc. confirmed by e-mail to the
National Arbitration Forum that the <aaatravelsite.com>
and <aaatravelsite.info> domain names are registered with Godaddy.com, Inc. and that the
Respondent is the current registrant of the names. Godaddy.com, Inc. has verified that
Respondent is bound by the Godaddy.com, Inc. 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 November 13, 2008, a Notification of Complaint and Commencement of
Administrative Proceeding (the “Commencement Notification”), setting a deadline
of December 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 postmaster@aaatravelsite.com and
postmaster@aaatravelsite.info by e-mail.
Respondent’s timely Response was
received in electronic copy on December
3, 2008; however no hard copy was received prior to the Response
deadline. Thus the National Arbitration
Forum does not consider the Response to be in compliance with ICANN Rule 5.
On December 11, 2008, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Hector A. Manoff as Panelist.
RELIEF SOUGHT
Complainant requests that the domain names be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Complainant makes the following assertions:
a. The domain names <aaatravelsite.com> and <aaatravelsite.info>
are confusingly similar to trademarks or service marks in which Complainant has
rights;
b. Respondent has no rights or legitimate
interests in respect of the domain names that are subject to the Complaint;
c. Respondent registered and used the domain
names in bad faith.
B. Respondent
Respondent does not contest any of Complainant’s assertions. Instead,
he consents to the transfer of the domain names at issue.
FINDINGS
The Panel will not make any findings of fact, for the reasons explained
below.
DISCUSSION
Paragraph 15(a) of 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."
Procedural Issue: Deficient Response
Respondent filed a deficient Response because no hard copy was
received. The Panel finds that
Respondent’s submission did not comply with ICANN Rule 5 (a).
However, the Panel
determines to accept the Response despite this deficiency. See Strum v. Nordic Net
Preliminary Issue: Consent to Transfer the Subject Domain Names
Respondent does not contest any of Complainant’s allegations
regarding the <aaatravelsite.com> and <aaatravelsite.info> domain names.
Rather, Respondent has consented to judgment in favor of Complainant
and authorizes the immediate transfer of the subject domain names. Therefore, the Panel decides to forego
the traditional UDRP analysis and order the immediate transfer of the 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.”).
DECISION
Having established that both parties consent to a transfer of the <aaatravelsite.com>
and <aaatravelsite.info> domain names under the ICANN Policy, the
Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <aaatravelsite.com>
and <aaatravelsite.info> domain names be TRANSFERRED from
Respondent to Complainant.
Hector A. Manoff, Panelist
Dated: December 25, 2008
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