Claim Number: FA0905001265473
Complainant is Victoria's
Secret Stores Brand Management, Inc. (“Complainant”), represented by Melise R. Blakeslee, of McDermott Will & Emery LLP,
REGISTRAR AND DISPUTED DOMAIN
NAME
The domain name at issue is <victoriasecretangelcreditcard.com>, registered with Moniker Online Services, 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.
Terry F. Peppard as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on May 29, 2009; the National Arbitration Forum received a hard copy of the Complaint on June 1, 2009.
On May 29, 2009, Moniker Online Services, Inc. confirmed by e-mail to the National Arbitration Forum that the <victoriasecretangelcreditcard.com> domain name is registered with Moniker Online Services, Inc. and that Respondent is the current registrant of the name. Moniker Online Services, Inc. has verified that Respondent is bound by the Moniker Online Services, 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 June 3, 2009, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of June 23, 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@victoriasecretangelcreditcard.com by e-mail.
Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On June 26, 2009, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Terry F. Peppard as sole Panelist in this proceeding.
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:
Complainant operates more than 1,300
Complainant uses its
Complainant also uses its
Complainant registered its
Respondent registered the <victoriasecretangelcreditcard.com> domain name on November 17, 2006.
The disputed domain name resolves to a website which features links to third-party websites, some of which compete with the business of Complainant.
Respondent’s <victoriasecretangelcreditcard.com>
domain name is confusingly similar to Complainant’s
Respondent does not have any rights to or legitimate interests in the domain name <victoriasecretangelcreditcard.com>.
Respondent registered and uses the subject domain name in bad faith.
B. Respondent has filed a written Response in this proceeding, which provides in pertinent part as follows: “I agree to transfere [sic] the domain to the complainant.”
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following to obtain from a Panel an order that a domain name be transferred to it:
i.
the
domain name registered by Respondent is identical or confusingly similar to a
trademark or service mark in which Complainant has rights;
ii.
Respondent
has no rights or legitimate interests in respect of the domain name; and
iii.
the domain name
has been registered and is being used in bad faith.
Notwithstanding the
foregoing, 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.”
Further, Policy ¶ 3(a) provides for the transfer of a domain
name registration upon the written instructions of the parties to a UDRP
proceeding without the need for otherwise required findings and conclusions
(see, for example, Malev Hungarian
Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Ar. Forum
DECISION
Respondent does not contest the material allegations of the Complaint, and, in particular it does not contest Complainant’s request that the domain name in issue be transferred to Complainant, but instead expressly agrees that the domain be so transferred. Thus the parties have effectively agreed in writing to the transfer of the subject domain name from Respondent to Complainant without the need for further proceedings.
Accordingly, it is Ordered that the <victoriasecretangelcreditcard.com> domain name be TRANSFERRED forthwith from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: July 1, 2009
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