Claim Number: FA0906001270184
Complainant is Nissan of Fort Worth c/o Frank
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <nissanoffortworth.com>, registered with Godaddy.com, 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.
Judge Ralph Yachnin as Panelist.
Complainant submitted a Complaint to
the National Arbitration Forum electronically on
Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
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:
purchased the Nissan Dealership in Forth Worth,
2. In the purchase agreement Respondent agreed to transfer all intellectual property and contract rights associated with the dealership to Complainant.
3. Respondent has, in bad faith, not relinquished or turned over the ownership of the <nissanoffortworth.com> domain name.
B. Respondent failed to submit a Response in this proceeding.
The Panel finds that this is a contractual issue that falls
outside the scope of review under the UDRP and that such an issue must be
resolved in a Court of competent jurisdiction. The Panel therefore
chooses to dismiss the Complaint. See
Everingham Bros. Bait Co. v. Contigo
Visual, FA 440219 (Nat. Arb. Forum
Having established all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED.
It is Ordered that the Complaint be and hereby is DISMISSED.
Hon. Ralph Yachnin, Panelist
Justice, Supreme Court, NY (Ret.)
Dated: August 6, 2009
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page
National Arbitration Forum