Home Winery Inc. v.
Claim Number: FA0903001252751
is Sutter Home Winery, Inc. (“Complainant”), represented by John M.
Rannells, of Baker and Rannells PA,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <sutterhomewines.com>, registered with Compana, LLC.
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.
The Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
submitted a Complaint to the National Arbitration Forum electronically on
On March 18, 2009, Compana, LLC confirmed by e-mail to the National Arbitration Forum that the <sutterhomewines.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 March 18, 2009, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of April 7, 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 firstname.lastname@example.org by e-mail.
timely Response was received and determined to be complete on
Complainant submitted an Additional Submission to the National Arbitration Forum on April 13, 2009, which was deemed timely in accordance with the National Arbitration Forum’s Supplemental Rule 7.
On April 14, 2009 pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed the Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
(1) Respondent’s <sutterhomewines.com> domain name is confusingly similar to Complainant’s SUTTER HOME mark.
(2) Respondent does not have any rights or legitimate interests in the <sutterhomewines.com> domain name.
(3) Respondent registered and used the <sutterhomewines.com> domain name in bad faith.
Respondent consents to the transfer of the domain name to Complainant. Respondent requests that the Panel order the immediate transfer of the domain name without a decision on the merits.
C. Complainant’s Additional Submission
Complainant requests the transfer based on a full analysis under paragraph 4(a) of the
Policy because of Respondent’s practice of registering well-known trademarks of others, collecting pay-per-click fees from such sites, falsely committing to transfer such domains upon receipt of a cease and desist letter, and causing the trademark owners to expend time and money to force transfer.
CONSENT TO TRANSFER
consents to transfer the <sutterhomewines.com> domain name to
Complainant. As a result, where
Respondent has not contested the transfer of the disputed domain name but
instead agrees to transfer the domain name in question to Complainant, the
Panel may decide to forego the traditional UDRP analysis and order an immediate
transfer of the disputed domain name. See
Boehringer Ingelheim Int’l GmbH v. Modern Ltd. Cayman Web Dev., FA 133625
(Nat. Arb. Forum
in the interest of judicial economy, the Panel declines to analyze the case
under the elements of the UDRP because Respondent has consented to the
transfer. See Citigroup Inc. v.
Based upon Respondent’s consent to transfer, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <sutterhomewines.com> domain name be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.), Panelist
Dated: April 30, 2009
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