Michael A. Reggio c/o The
Reggio Register Co. Inc. v.
Claim Number: FA0904001257190
PARTIES
Complainant is Michael A. Reggio c/o The Reggio
Register Co. Inc. (“Complainant”),
represented by Kevin R Haley, of Brann & Isaacson, Maine, USA. Respondent is Texas International Property Associates-
NA NA (“Respondent”), represented by JanPaul Guzman, of Rothstein Rosenfeldt
Adler,
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <regioregister.com> and <regioregisters.com>,
registered with Compana, LLC.
PANEL
The undersigned certifies that he or she has acted independently and
impartially and to the best of his or her knowledge has no known conflict in
serving as Panelist in this proceeding.
Honorable Paul A. Dorf (Ret.) as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on April 10, 2009; the
National Arbitration Forum received a hard copy of the Complaint on April 13, 2009.
On April 13, 2009, Compana, LLC confirmed by e-mail to the
National Arbitration Forum that the <regioregister.com> and <regioregisters.com>
domain names are registered with Compana, LLC
and that the Respondent is the current registrant of the names. 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 April 22, 2009, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of May 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@regioregister.com and postmaster@regioregisters.com
by e-mail.
A Response was received and determined to be deficient pursuant to
ICANN Rule 5 because it was not received prior to the Response deadline.
On May 20, 2009, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Honorable Paul A. Dorf (Ret.) as Panelist.
RELIEF SOUGHT
Complainant requests that the domain names be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
The Complainant contends that the domain names at issue is indentical
or confusingly similar to its famous mark,; that the Respondent has no rights
or legitimate interest in the domain name sat issue; and that the domain names
at issue was registered in bad faith.
B. Respondent
Respondent agrees to the relief requested by the Complainant.
FINDINGS
Deficient
Response
Respondent’s Response was not received until
after the Response deadline had passed.
The Panel, has chosen to accept this
Response. See J.W.
Spear & Sons PLC v. Fun League Mgmt., FA 180628 (Nat. Arb.
Forum Oct. 17, 2003) (finding that where respondent submitted a timely response
electronically, but failed to submit a hard copy of the response on time, “[t]
he Panel is of the view that given the technical nature of the breach and the
need to resolve the real dispute between the parties that this submission
should be allowed and given due weight”).
Preliminary
Issue: Consent to Transfer
In the Response, Respondent agrees to
transfer the domain names at issue to Complainant. The Panel finds that as 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 has decided to
forego the traditional UDRP analysis and order an immediate transfer of the <regioregister.com> and <regioregisters.com>
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
Accordingly, it is Ordered that the <regioregister.com> and <regioregisters.com>
domain names be TRANSFERRED from Respondent to Complainant.
Honorable Paul A. Dorf (Ret.), Panelist
Dated: June 4, 2009
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