Pilgrim Films and
Television, Inc. v.
Claim Number: FA0906001266927
PARTIES
Complainant is Pilgrim Films and Television, Inc. (“Complainant”), represented by Stephen
J. Strauss, of Fulwider Patton LLP,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <ghosthunterslive.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.
Terry F. Peppard as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on June 5, 2009; the
National Arbitration Forum received a hard copy of the Complaint on June 8, 2009.
On June 9, 2009, Compana, LLC confirmed by e-mail to the
National Arbitration Forum that the <ghosthunterslive.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 11, 2009, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of July 1, 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@ghosthunterslive.com by e-mail.
A timely Response was received and determined to be complete on July 1,
2009.
On July 6, 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.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Complainant contends among other things, as follows:
Complainant is in the business of producing “reality-based”
television shows.
Complainant
produces a one-hour, weekly “alternative reality” television series under the
mark GHOST HUNTERS, which series follows the exploits of The Atlantic
Paranormal Society (“TAPS”), a group of paranormal researchers who use
scientific techniques to investigate haunted houses and other locales
throughout the
Complainant has used the GHOST HUNTERS mark in connection with various
goods and services, and is the owner of
Respondent registered the
domain name <ghosthunterslive.com>
on November 8, 2005,
This domain name
incorporates, in its entirety, Complainants’ GHOST HUNTERS mark.
This domain name is
confusingly similar to Complainant’s GHOST HUNTERS mark.
Respondent has never used or developed the <ghosthunterslive.com> domain name in
connection with the bona fide
offering of any goods or services.
The disputed <ghosthunterslive.com> domain name
resolves to a website incorporating a generic search engine and links to third
party websites promoting, in part, the sale of Complainant’s GHOST HUNTERS
DVDs.
Respondent’s registration and use of the <ghosthunterslive.com> domain name
creates a likelihood of confusion with Complainant’s GHOST HUNTERS mark.
Complainant has no relationship with
Respondent, nor has Complainant given permission or authorized Respondent to
register and use the contested domain name.
Respondent has not been
commonly known by the contested domain name.
Respondent had actual knowledge of
Complainant’s rights in the GHOST HUNTERS mark when it registered the <ghosthunterslive.com> domain name.
Respondent has made no demonstrable preparations
legitimately to use the domain name
<ghosthunterslive.com>.
Respondent registered and uses the <ghosthunterslive.com> domain name in bad faith by
registering and using the domain in an attempt to attract to Respondent’s
commercial website Internet users seeking information online about
Complainant’s GHOST HUNTERS television show and merchandise.
Respondent derives commercial benefit by receiving
click-through fees for redirecting Internet users to other commercial websites
as described in the Complaint.
B. Respondent
Respondent contends as follows:
“Respondent herein agrees to the relief requested by the Complainant
and will, upon Order of the Panel, transfer the domain
name at issue….”
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:
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 Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Ar. Forum Jan. 13, 2004; see also Disney Enters., Inc. v. Morales, FA 475191 (Nat. Arb. Forum Jun. 24, 2005)).
DECISION
Respondent’s Response does not contest the material allegations of the
Complaint, and, in particular, it does not contest Complainant’s request that
the disputed domain name be transferred to Complainant. Rather, Respondent
expressly agrees to the transfer of the domain name to Complainant. Thus the
parties have effectively agreed in writing to a transfer of the subject domain
name from Respondent to Complainant without the need for further proceedings.
It is therefore Ordered that the <ghosthunterslive.com> domain name be forthwith TRANSFERRED from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: July 20, 2009
Click Here to return
to the main Domain Decisions Page.
Click
Here to return to our Home Page
National
Arbitration Forum