ETW Corp. and Eldrick 'Tiger' Woods, for itself, Tiger Woods and his minor child, Miss Sam Alexis Woods v. Leonard Meng Lee
Claim Number: FA0904001256681
Complainant is ETW Corp. and Eldrick 'Tiger' Woods, for itself, Tiger Woods and his minor child, Miss Sam
Alexis Woods (“Complainant”),
represented by Julie Lewis-Sroka, of IMG Worldwide, Inc.,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <samalexiswoods.com>, registered with Godaddy.com, Inc.
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.
Honorable Karl V. Fink (Ret.) as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on April 8, 2009; the National Arbitration Forum received a hard copy of the Complaint on April 9, 2009.
On April 8, 2009, Godaddy.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <samalexiswoods.com> domain name is registered with Godaddy.com, Inc. and that Respondent is the current registrant of the name. Godaddy.cm, 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 April 15, 2009, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of May 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 firstname.lastname@example.org by e-mail.
Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On May 8, 2009, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Honorable Karl V. Fink (Ret.) as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
1. Respondent’s <samalexiswoods.com> domain name is identical to Complainant’s SAM ALEXIS WOODS mark.
2. Respondent does not have any rights or legitimate interests in the <samalexiswoods.com> domain name.
3. Respondent registered and used the <samalexiswoods.com> domain name in bad faith.
B. Respondent failed to submit a Response in this proceeding, but did submit Other Correspondence in the form of an e-mail indicating consent to transfer the disputed domain name.
Complainant, ETW Corp. and Eldrick 'Tiger' Woods, for itself, Tiger Woods and his minor child, Miss Sam Alexis Woods, has used the SAM ALEXIS WOODS mark in connection with the announcement and subsequent publicity of the birth of the first child of the professional golfer, Tiger Woods.
Respondent registered the disputed domain name on June 18, 2007, the same day the child of the professional golfer was born and her name was published. Respondent has submitted Other Correspondence consenting to the transfer of the disputed domain name to Complainant.
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."
In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations and inferences set forth in the Complaint as true unless the evidence is clearly contradictory. See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Nat. Arb. Forum July 31, 2000) (holding that the respondent’s failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also Talk City, Inc. v. Robertson, D2000-0009 (WIPO Feb. 29, 2000) (“In the absence of a response, it is appropriate to accept as true all allegations of the Complaint.”).
Paragraph 4(a) of the Policy requires that 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 Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) 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.
Consent to Transfer
Respondent consents to transfer the <samalexiswoods.com> domain name to Complainant in its Other Correspondence. However, after the initiation of this proceeding, the registrar, GoDaddy.com, Inc., placed a hold on Respondent’s account and therefore Respondent cannot transfer the disputed domain name while this proceeding is still pending. As a result, the Panel finds that in a circumstance such as this, where Respondent has not contested the transfer of the disputed domain name but instead agrees to transfer the domain name in question to Complainant, thus the Panel decides to forego the traditional UDRP analysis and order an immediate transfer of the <samalexiswoods.com> domain name. 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.”).
Therefore, 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.
For the reasons above, the Panel declines to analyze Policy ¶ 4(a)(i).
For the reasons above, the Panel declines to analyze Policy ¶ 4(a)(ii).
For the reasons above, the Panel declines to analyze Policy ¶ 4(a)(iii).
Respondent having consented to the transfer of the disputed domain name, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <samalexiswoods.com> domain name be TRANSFERRED from Respondent to Complainant.
Honorable Karl V. Fink (Ret.), Panelist
Dated: May 22, 2009
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