DatingDirect.com Limited v.
Christian Demel
Claim Number: FA0910001288584
PARTIES
Complainant is DatingDirect.com Limited (“Complainant”), represented by Adam
Taylor, of Adlex Solicitors,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <datingdirectinfo.com>, registered
with Godaddy.com,
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.
James A. Carmody, Esq., as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on October 9, 2009; the
National Arbitration Forum received a hard copy of the Complaint on October 12, 2009.
On October 9, 2009, Godaddy.com, Inc. confirmed by e-mail to the
National Arbitration Forum that the <datingdirectinfo.com> domain name is
registered with Godaddy.com, Inc. and
that the Respondent is the current registrant of the name. Godaddy.com,
Inc. has verified that Respondent is bound by the Godaddy.com, 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 October 21, 2009, a
Notification of Complaint and Commencement of Administrative Proceeding (the
“Commencement Notification”), setting a deadline of November 10, 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@datingdirectinfo.com by
e-mail.
A timely deficient Response was received and determined to be complete
on November 5, 2009.
An Additional Submission was received from Complainant on November 12,
2009 and determined to be timely and complete pursuant to Supplemental Rule 7. An Additional Submission was submitted by
Respondent on November 23, 2009 which was not timely and complete.
On November 18, 2009, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed James A. Carmody, Esq., as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant makes the following assertions:
1. Respondent’s <datingdirectinfo.com> domain name is identical to Complainant’s DATING DIRECT mark.
2. Respondent does not have any rights or legitimate interests in the <datingdirectinfo.com> domain name.
3. Respondent registered and used the <datingdirectinfo.com> domain name in bad faith.
B.
Respondent filed a technically deficient response stating that he was going
to abandon the domain. “I will not be renewing it on the 9th November 2009 when my ownership
of this Domain expires. So the Complainant can snap up the Domain name
then.”
C. Complainant filed an Additional Submission which was taken into consideration. Respondent filed a defective and late Additional Submission which was nearly identical to the Response and the Panel declined to take it into consideration.
FINDINGS
Preliminary Issue: Deficient Response
Respondent’s Response was submitted
only in electronic format prior to the Response deadline. Thus the National Arbitration Forum does not
consider the Response to be in compliance with ICANN Rule 5. The Panel determines not to consider the
Response. See Six Continents Hotels,
Inc. v. Nowak, D2003-0022 (WIPO Mar. 4, 2003) (holding that the
respondent’s failure to submit a hard copy of the response and its failure to
include any evidence to support a finding in its favor placed the respondent in
a de facto default posture, permitting the panel to draw all appropriate
inferences stated in the complaint); see also 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”).
Preliminary Issue: Consent to Transfer
In
any event, were the Panel to consider the deficient Response, it would construe
it to mean that Respondent consents to transfer the domain name to
Complainant. Accordingly, the Panel decides
to forego the traditional UDRP analysis and order an immediate transfer of the <datingdirectinfo.com> domain
name. See Boehringer Ingelheim Int’l GmbH
v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum
DECISION
Having established all three elements required under the ICANN Policy,
the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <datingdirectinfo.com> domain name be
TRANSFERRED from Respondent to Complainant.
James A. Carmody, Esq., Panelist
Dated: December 2, 2009
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