Allscripts-Misys Healthcare Solutions, Inc.
and Allscripts, LLC and Misys Healthcare Systems, LLC v. Lee Woods
Claim Number: FA0902001249686
PARTIES
Complainant is Allscripts-Misys Healthcare Solutions, Inc. and Allscripts, LLC and Misys
Healthcare Systems, LLC (“Complainant”), represented by Jeffrey J. McMahan, of Dinse, Knapp & McAndrew, P.C.,
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <allscriptsmisys.com>,
<misysallscripts.com>, <allscripts-misys.com>, <misys-allscripts.com>, <allscriptsmysis.com>, <allscriptsmisys.net>, <allscriptsmysis.net>, <allscriptsmisys.org>, <allscriptsmysis.org>, <mysisallscripts.com>, <misysallscripts.net>, <mysisallscripts.net>, <misysallscripts.org>, <mysisallscripts.org>, <allscripts-misys.net>, <allscripts-misys.org>, <allscriptshealthcare.com>, <allscriptshealthcare.net>, <allscriptshealthcare.org>, and <allscriptsmisyshealthcare.com>,
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.
James A. Carmody, Esq., as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on February 25, 2009; the National Arbitration Forum received a
hard copy of the Complaint on February 26, 2009.
On February 26, 2009, Godaddy.com, Inc. confirmed by e-mail to the
National Arbitration Forum that the <allscriptsmisys.com>,
<misysallscripts.com>, <allscripts-misys.com>, <misys-allscripts.com>, <allscriptsmysis.com>, <allscriptsmisys.net>, <allscriptsmysis.net>, <allscriptsmisys.org>, <allscriptsmysis.org>, <mysisallscripts.com>, <misysallscripts.net>, <mysisallscripts.net>, <misysallscripts.org>, <mysisallscripts.org>, <allscripts-misys.net>, <allscripts-misys.org>, <allscriptshealthcare.com>, <allscriptshealthcare.net>, <allscriptshealthcare.org>, and <allscriptsmisyshealthcare.com>
domain names are registered with Godaddy.com, Inc. and that the Respondent is
the current registrant of the name.
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 March 5, 2009, a Notification of Complaint and Commencement of
Administrative Proceeding (the “Commencement Notification”), setting a deadline
of March 25, 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@allscriptsmisys.com, postmaster@misysallscripts.com,
postmaster@allscripts-misys.com, postmaster@misys-allscripts.com, postmaster@allscriptsmysis.com,
postmaster@allscriptsmisys.net, postmaster@allscriptsmysis.net, postmaster@allscriptsmisys.org,
postmaster@allscriptsmysis.org, postmaster@mysisallscripts.com, postmaster@misysallscripts.net,
postmaster@mysisallscripts.net, postmaster@misysallscripts.org, postmaster@mysisallscripts.org,
postmaster@allscripts-misys.net, postmaster@allscripts-misys.org, postmaster@allscriptshealthcare.com,
postmaster@allscriptshealthcare.net, postmaster@allscriptshealthcare.org, and
postmaster@allscriptsmisyshealthcare.com by e-mail.
A timely Response was received and determined to be complete on March
24, 2009.
Complainant filed an Additional Submission which was taken into
consideration by the Panel.
On March 27, 2009, 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 names be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant makes the following assertions:
1. Respondent’s <allscriptsmisys.com>, <misysallscripts.com>, <allscripts-misys.com>, <misys-allscripts.com>, <allscriptsmysis.com>, <allscriptsmisys.net>, <allscriptsmysis.net>, <allscriptsmisys.org>, <allscriptsmysis.org>, <mysisallscripts.com>, <misysallscripts.net>, <mysisallscripts.net>, <misysallscripts.org>, <mysisallscripts.org>, <allscripts-misys.net>, <allscripts-misys.org>, <allscriptshealthcare.com>, <allscriptshealthcare.net>, <allscriptshealthcare.org>, and <allscriptsmisyshealthcare.com> domain names, the domain names at issue, are confusingly similar to Complainant’s ALL SCRIPTS and MISYS marks.
2. Respondent does not have any rights or legitimate interests in the domain names at issue.
3. Respondent registered and used the domain names at issue in bad faith.
B. Respondent makes the following assertions:
1. Respondent states that he no longer has any interest in the domain names at issue.
C. Additional Submission:
Complainant filed its Additional Submission noting that Respondent continues to have an interest in the domain names at issue and repeating its request that the Panel decide this matter in its favor.
FINDINGS
Complainant has rights in the A ALLSCRIPTS mark (Reg. No. 3,287,641
issued September 4, 2007) and the MISYS mark (Reg. No. 3,177,341 issued
November 28, 2006), which were registered with the United States Patent and
Trademark Office (“USPTO”). Complainant
has sufficient rights in the marks to satisfy Policy ¶ 4(a)(i). See Miller
Brewing
It is clear from the Response that Respondent no longer claims any
interest in the domain names at issue and consents to their transfer 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 disputed domain names to Complainant. In a circumstance such as this, 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 will forego the traditional UDRP analysis and order an immediate transfer of the disputed 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 all three elements required under the ICANN Policy,
the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <allscriptsmisys.com>, <misysallscripts.com>, <allscripts-misys.com>, <misys-allscripts.com>, <allscriptsmysis.com>, <allscriptsmisys.net>, <allscriptsmysis.net>, <allscriptsmisys.org>, <allscriptsmysis.org>, <mysisallscripts.com>, <misysallscripts.net>, <mysisallscripts.net>, <misysallscripts.org>, <mysisallscripts.org>, <allscripts-misys.net>, <allscripts-misys.org>, <allscriptshealthcare.com>, <allscriptshealthcare.net>, <allscriptshealthcare.org>, and <allscriptsmisyshealthcare.com>
domain names be TRANSFERRED from Respondent to Complainant.
James A. Carmody, Esq., Panelist
Dated: April 9, 2009
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