Ho-Chunk Nation v.
Navigation Catalyst Systems, Inc.
Claim Number: FA0909001284840
PARTIES
Complainant is Ho-Chunk Nation (“Complainant”), represented by Joel
D. Leviton, of Fish & Richardson P.C., P.A.,
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <hochunkhotel.com> and <hochunkcasinohotel.com>,
registered with Basic Fusion, 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.
The Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on September 16, 2009; the
National Arbitration Forum received a hard copy of the Complaint on September 17, 2009.
On September 17, 2009, Basic Fusion, Inc. confirmed by e-mail to the
National Arbitration Forum that the <hochunkhotel.com> and <hochunkcasinohotel.com>
domain names are registered with Basic Fusion,
Inc. and that the Respondent is the current registrant of the names. Basic Fusion,
Inc. has verified that Respondent is bound by the Basic Fusion, 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 September 21, 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 postmaster@hochunkhotel.com and postmaster@hochunkcasinohotel.com by e-mail.
A Response was received by e-mail on October
13, 2009, but as no hard copy was received before the Response deadline. The Response was not in
compliance with ICANN Rule 5. However, the Panel, in its discretion,
will consider this Response. See J.W.
Spear & Sons PLC v. Fun League Mgmt., FA 180628 (Nat. Arb. Forum
Oct. 17, 2003) (finding that where respondent submitted a timely response
electronically, but failed to submit a hard copy of the response on time, “[t]he Panel is of the view that given the technical nature
of the breach and the need to resolve the real dispute between the parties that
this submission should be allowed and given due weight”).
On October 19, 2009, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed the Honorable Charles K. McCotter, Jr.
(Ret.) as Panelist.
RELIEF SOUGHT
Complainant requests that the domain names be transferred from
Respondent to Complainant.
DISCUSSION
Respondent consents to transfer the <hochunkhotel.com> and <hochunkcasinohotel.com> domain names to Complainant. As a result, the Panel finds that where Respondent agrees to transfer the domain names in question to Complainant, the Panel will forego the traditional UDRP analysis and order an immediate transfer of the <hochunkhotel.com> and <hochunkcasinohotel.com> domain names. 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 <hochunkhotel.com> and <hochunkcasinohotel.com>
domain names be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.),
Panelist
Dated: October 24, 2009
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