Ashley Furniture Industries,
Inc. v.
Claim Number: FA0812001239002
PARTIES
Complainant is Ashley Furniture Industries, Inc. (“Complainant”), represented by Terrence
J. Madden, of Kostner,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <ashleybedrooms.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.
Louis E. Condon as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on December 16, 2008; the
National Arbitration Forum received a hard copy of the Complaint on December 17, 2008.
On December 18, 2008, Compana, LLC confirmed by e-mail to the
National Arbitration Forum that the <ashleybedrooms.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 December 23, 2008, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of January 12, 2009 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@ashleybedrooms.com by e-mail.
A timely Response was received and determined to be complete on January 12, 2009.
On January 16, 2009, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Louis E. Condon as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
DISCUSSION
In its Response, the Respondent did not contest the allegations of the
Complainant, but agreed to the relief requested. 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 finds of fact or of
compliance (or not).
DECISION
Accordingly, it is Ordered that the <ashleybedrooms.com> domain name be TRANSFERRED
from Respondent to Complainant.
Louis E. Condon, Panelist
Dated: January 30, 2009
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