Intelius Inc. v. Bridge Port
Enterprises Limited c/o
Claim Number: FA0906001270254
PARTIES
Complainant is Intelius Inc. (“Complainant”), represented by Parna
A. Mehrbani, of Lane Powell PC,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <intelious.com>, registered with Active
Registrar, Inc.
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.
Alan L. Limbury as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on June 24, 2009; the
National Arbitration Forum received a hard copy of the Complaint on June 26, 2009.
On June 28, 2009, Active Registrar, Inc. confirmed by e-mail to
the National Arbitration Forum that the <intelious.com> domain name is
registered with Active Registrar, Inc.,
that the Respondent is the current registrant of the name, and that the
Registrar would shortly thereafter place the domain name on “Registrar-Hold.” Active
Registrar, Inc. verified that Respondent is bound by the Active Registrar, 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 July 2, 2009, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of July 22, 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@intelious.com by e-mail.
An informal Response was received
in electronic form on July 14, 2009. Since no hard copy was received by the
Response deadline, the informal Response is considered deficient under ICANN
Rule 5. Nevertheless the Panel has had
regard to it.
On July 30, 2009, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Alan L. Limbury as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Complainant is the registered proprietor of
B. Respondent
Respondent’s informal Response reads in full: “We agree to release the
domain immediately if the lock is lifted to allow us to do so.”
FINDINGS
In light of Respondent’s consent, Complainant
is entitled to transfer of the disputed domain name.
DISCUSSION
In a circumstance such as this, where Respondent has not contested the transfer of the disputed domain name but agrees to transfer it to Complainant, the Panel may forego the traditional UDRP analysis and order an 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 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.”); 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.”).
DECISION
Accordingly, it is Ordered that the <intelious.com> domain name be TRANSFERRED
from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: August 10, 2009
Click Here to return
to the main Domain Decisions Page.
Click
Here to return to our Home Page
National
Arbitration Forum