National Arbitration Forum
DECISION
Johnson & Johnson v. Texas International
Property Associates - NA NA
Claim Number: FA0906001266027
PARTIES
Complainant is Johnson & Johnson (“Complainant”), represented by Norm
D. St. Landau, of Drinker Biddle & Reath LLP, Washington, D.C.,
USA. Respondent is Texas International Property Associates
- NA NA (“Respondent”), represented
by JanPaul Guzman, of Rothstein Rosenfeldt Adler, Florida,
USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <sudaphed.com>, registered with Compana, Llc.
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.
Bruce E. Meyerson as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on June 2, 2009; the National
Arbitration Forum received a hard copy of the Complaint on June 3,
2009.
On June 3, 2009, Compana, Llc confirmed by e-mail to the
National Arbitration Forum that the <sudaphed.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 June 10, 2009, a Notification of
Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of June 30, 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@sudaphed.com by e-mail.
A timely Response was received and determined to be complete on June 30, 2009.
On July
8, 2009, pursuant to Complainant’s request to have the dispute decided
by a single-member Panel, the National Arbitration Forum appointed Bruce E. Meyerson as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
CONSENT TO TRANSFER
Respondent consents to transfer
the <sudaphed.com> domain name to Complainant. Under the circumstance 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 chooses to forego the traditional UDRP analysis and
order an immediate transfer of <sudaphed.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.”); 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
Respondent, having agreed to the relief sought by the Complainant, the
Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <sudaphed.com> domain name be TRANSFERRED
from Respondent to Complainant.
Bruce E. Meyerson, Panelist
Dated: July 20, 2009
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