NATIONAL ARBITRATION FORUM
Pelle Pelle, Inc. v.
Requiem c/o Daniel Green
Claim Number: FA0909001284567
Complainant is Pelle Pelle, Inc.
("Complainant"), represented by Jeffrey P. Thennisch, of Dobrusin
& Thennisch, PC,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <requiemapparel.com>, registered with Namezero.
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.
David A. Einhorn appointed as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on September 15, 2009; the National Arbitration Forum received a hard copy of the Complaint on September 16, 2009.
On September 16, 2009, Namezero confirmed by e-mail to the National Arbitration Forum that the <requiemapparel.com> domain name is registered with Namezero and that the Respondent is the current registrant of the name. Namezero has verified that Respondent is bound by the Namezero 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 22, 2009, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of October 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 October 1, 2009.
On October 7, 2009, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed David A. Einhorn as Panelist.
Complainant requests that the domain name be transferred from Respondent to Complainant.
Complainant alleges as follows:
(1) Complainant owns a trademark registration for REQUIEM for use on clothing apparel. Complainant argues that Respondent's domain <requiemapparel.com> is confusingly similar to its mark.
(2) Respondent has no rights or legitimate interests with respect to the domain name.
(3) The domain name was registered and is being used in bad faith.
Respondent argues that the domain name was not registered in bad faith, since it was unaware of Complainant's REQUIEM mark until receipt of Complainant's letter dated August 26, 2009, and it registered the domain name before that time.
Nevertheless, Respondent states that it has decided to relinquish all rights to the use of the domain name <requiemapparel.com> to Complainant.
Respondent has stipulated that the domain name may be 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."
In this case, the parties have both asked that the domain name be transferred to the Complainant. Since the requests of the parties are identical, the Panel has the discretion to recognize this common request without making findings of fact regarding compliance with the Policy.
In light of the foregoing, the Panel decides that there is no necessity for it to resolve the contested issue of whether Respondent's domain name has been registered in bad faith, since the Respondent in its response agreed to the transfer of the domain name at issue. See, similarly, Slumberland France v. Chadia Acohuri, D2000-0195 (WIPO
June 10, 2000).
As Respondent has chosen not to contest the remedy sought by Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <requiemapparel.com> domain name be TRANSFERRED from Respondent to Complainant.
David A. Einhorn,
Dated: October 23, 2009
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