AT&T Intellectual
Property II, L.P. v. H.W. Barnes
Claim Number: FA0908001281920
PARTIES
Complainant is AT&T Intellectual Property II, L.P. (“Complainant”), represented by Leanne
Stendell, of Haynes and Boone, LLP,
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <attbillpayment.com>, <attcingularwireless.com>,
<bellsouthdslspeedtest.com>, <bellsouthresidential.com>, <bellsouthspeedtest.com>, <cingularcustomerservice.com>, <globalsbc.com>, <mysbcglobal.com>, and <sbcantispy.com>,
registered with Moniker.
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.
James A. Carmody, Esq., as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on August 27, 2009; the
National Arbitration Forum received a hard copy of the Complaint on August 31, 2009.
On August 28, 2009, Moniker confirmed by e-mail to the National
Arbitration Forum that the <attbillpayment.com>, <attcingularwireless.com>,
<bellsouthdslspeedtest.com>, <bellsouthresidential.com>, <bellsouthspeedtest.com>, <cingularcustomerservice.com>, <globalsbc.com>, <mysbcglobal.com>, and <sbcantispy.com> domain
names are registered with Moniker and
that the Respondent is the current registrant of the name. Moniker
has verified that Respondent is bound by the Moniker
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 September 1, 2009, a
Notification of Complaint and Commencement of Administrative Proceeding (the
“Commencement Notification”), setting a deadline of September 21, 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@attbillpayment.com, postmaster@attcingularwireless.com, postmaster@bellsouthdslspeedtest.com, postmaster@bellsouthresidential.com, postmaster@bellsouthspeedtest.com, postmaster@cingularcustomerservice.com, postmaster@globalsbc.com, postmaster@mysbcglobal.com, and postmaster@sbcantispy.com by e-mail.
A timely Response was received and determined to be complete on September 21, 2009.
On September 25, 2009, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed James A. Carmody, as Panelist.
RELIEF SOUGHT
Complainant requests that the domain names be transferred from Respondent
to Complainant.
PARTIES’ CONTENTIONS
A. Complainant makes the following assertions:
1. Respondent’s <attbillpayment.com>, <attcingularwireless.com>, <bellsouthdslspeedtest.com>, <bellsouthresidential.com>, <bellsouthspeedtest.com>, <cingularcustomerservice.com>, <globalsbc.com>, <mysbcglobal.com>, and <sbcantispy.com> domain names, the domain names at issue, are confusingly similar to Complainant’s ATT, CINGULAR, BELLSOUTH and SBC marks.
2. Respondent does not have any rights or legitimate interests in the domain names at issue.
3. Respondent registered and used the domain names at issue in bad faith.
B. Respondent filed a Response which consented to the transfer of the domain names at issue to the Complainant.
FINDINGS
Preliminary Issue:
Consent to Transfer
Respondent
consents to transfer the <attbillpayment.com>, <attcingularwireless.com>,
<bellsouthdslspeedtest.com>, <bellsouthresidential.com>, <bellsouthspeedtest.com>, <cingularcustomerservice.com>, <globalsbc.com>, <mysbcglobal.com>, and <sbcantispy.com> domain names to Complainant. However, after the initiation of this
proceeding, Moniker placed a
hold on Respondent’s account and therefore Respondent cannot transfer the
disputed domain names while this proceeding is still pending. As a result, the Panel finds that, in a circumstance such as this, where Respondent has
not contested the transfer of the disputed domain names but instead agrees to transfer the domain names
in question to Complainant, it will forego
the traditional UDRP analysis and order an immediate transfer of domain
names at issue. 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
The Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <attbillpayment.com>, <attcingularwireless.com>,
<bellsouthdslspeedtest.com>, <bellsouthresidential.com>, <bellsouthspeedtest.com>, <cingularcustomerservice.com>, <globalsbc.com>, <mysbcglobal.com>, and <sbcantispy.com> domain
names be TRANSFERRED from Respondent to Complainant.
James A. Carmody, Esq., Panelist
Dated: October 6, 2009
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