RMC Publications, Inc. v.
Claim Number: FA0902001246205
PARTIES
Complainant is RMC Publications, Inc. (“Complainant”), represented by Ruth
Rivard, of Leonard, Street and Deinard Professional
Association,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <rmcprojectmanagement.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.
Alan L. Limbury as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on February 4, 2009; the
National Arbitration Forum received a hard copy of the Complaint on February 6, 2009.
On February 6, 2009, Compana LLC confirmed by e-mail to the National
Arbitration Forum that the <rmcprojectmanagement.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 February 13, 2009, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of March 5, 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@rmcprojectmanagement.com by e-mail.
A timely Response was received and determined to be complete on March 5, 2009.
On March 13, 2009, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Alan L Limbury as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant. Respondent consents to such transfer.
DISCUSSION
Since Respondent consents to transfer the domain name to Complainant, the Panel may forego the traditional UDRP analysis and order an immediate transfer of the <rmcprojectmanagement.com> domain name without embarking on the traditional UDRP analysis. 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
Accordingly, it is Ordered that the <rmcprojectmanagement.com> domain
name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: March 25, 2009
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