Pascua Yaqui Tribe v.
Claim Number: FA0906001267280
Complainant is Pascua Yaqui Tribe (“Complainant”), represented by Sharon
D. Armstrong, of Winthrop & Weinstine, P.A.,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <avaconcert.com> (the “Domain Name”), registered with Compana, LLC.
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.
Christopher Gibson as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on June 9, 2009; the National Arbitration Forum received a hard copy of the Complaint on June 10, 2009.
On June 11, 2009, Compana, LLC confirmed by e-mail to the National Arbitration Forum that the Domain Name, <avaconcert.com>, 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 23, 2009, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of July 13, 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 email@example.com by e-mail.
A timely Response was received and determined to be complete on July 13, 2009.
On July 15, 2009, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Christopher Gibson as Panelist.
Complainant requests that the Domain Name be transferred from Respondent to Complainant.
Complainant is the Pascua Yaqui Tribe, a
Complainant is also the owner of two
1. U.S. No. 3,020,976 for AVA filed on December 14, 2004 and registered November 29, 2005
Complainant registered the domain name, <avaconcerts.com>, on September 23, 2002, which it operates in connection with its AVA Amphitheater and the related services. Complainant has used the AVA mark in connection with hosting concerts at the AVA Amphitheater since October 2001.
Complainant has demonstrated that it has rights in the Domain Name by virtue of its trademark registrations and other use.
Respondent registered the Domain Name, <avaconcert.com>, on June 5, 2005. The Domain Name links to a web page with click-through links to concert related websites and services.
Respondent consents to having the Domain Name transferred to Complainant.
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.”
Paragraph 4(a) of the Policy requires that the 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 the respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights;
(2) the 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.
Notwithstanding the foregoing, a panel may also grant the complainant’s requested relief when a respondent consents to such relief.
Respondent here has
consented to transfer the Domain Name <avaconcert.com>
to Complainant. As a prerequisite
to obtaining the relief requested, even where, as here, Respondent consents to
such relief, Complainant must at least demonstrate pursuant to Policy ¶4(a)(i) that it has rights in the
Domain Name. See
Citigroup Inc. v.
The Panel finds that in these circumstances, where Respondent has not contested the transfer of the Domain Name but instead has agreed to transfer the Domain Name to Complainant, the Panel will order the immediate transfer of the 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 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.”).
Having established that Complainant has an interest in the Domain Name and that Respondent consents to the requested relief, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <avaconcert.com> Domain Name be TRANSFERRED from Respondent to Complainant.
Christopher Gibson, Panelist
Dated: July 29, 2009
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