Hewlett-Packard Development Company, L.P. and Hewlett-Packard Company v. Jose SALIR
Claim Number: FA0911001294429
Complainant is Hewlett-Packard Development Company, L.P. and Hewlett-Packard Company (“Complainant”), represented by James F. Struthers, of Richard Law Group, Inc., Texas, USA. Respondent is Jose SALIR (“Respondent”), Switzerland.
REGISTRAR AND DISPUTED DOMAIN
NAME
The domain name at issue is <hpnotebookcomputer.com>, registered with Godaddy.com, Inc.
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.
Terry F. Peppard as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on November 13, 2009; the National Arbitration Forum received a hard copy of the Complaint on November 16, 2009.
On November 13, 2009, Godaddy.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <hpnotebookcomputer.com> domain name is registered with Godaddy.com, Inc. and that 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 November 16, 2009, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of December 7, 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@hpnotebookcomputer.com by e-mail.
Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On December 15, 2009, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Terry F. Peppard as sole Panelist in this proceeding.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
Complainant is a global IT company that promotes its computer products under the HP mark, which Complainant registered with the United States Patent and Trademark Office (“USPTO”) on April 24, 1979 (Reg. No. 1,116,835).
Complainant has continuously used the HP mark in commerce since at least 1941, and now ships 48 million personal computers annually.
Respondent registered the disputed <hpnotebookcomputer.com> domain name on April 25, 2009.
The disputed domain name resolves to a website that hosts multiple links to the websites of Complainant’s business competitors.
Respondent’s <hpnotebookcomputer.com> domain name is confusingly similar to Complainant’s HP mark.
Respondent is not commonly known by the <hpnotebookcomputer.com> domain name, nor has it ever been an owner or licensee of the HP mark.
Respondent does not have any rights to or legitimate interests in the domain name <hpnotebookcomputer.com>.
Respondent has registered and is using the <hpnotebookcomputer.com> domain name in bad faith.
B. Respondent failed to submit a Response in this proceeding compliant with the Policy or its supplementary rules. However, in e-mail correspondence with the staff of the National Arbitration Forum, Respondent recited as follows: “I accept the proposal [of Complainant] to transfer without charge, the domain name hpnotebookcomputer.com to Hewlett-Packard Development Company.”
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following to obtain from a Panel an order that a domain name be transferred:
i.
the
domain name registered by Respondent is identical or confusingly similar to a
trademark or service mark in which Complainant has rights;
ii.
Respondent
has no rights or legitimate interests in respect of the domain name; and
iii.
the
domain name has been registered and is being used in bad faith.
Notwithstanding the
foregoing, 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.”
Further, Policy ¶ 3(a) provides for the transfer of a domain name registration upon the written instructions of the parties to a UDRP proceeding without the need for otherwise required findings and conclusions (see Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Ar. Forum Jan. 13, 2004; see also Disney Enterprises, Inc. v. Morales, FA 475191 (Nat. Arb. Forum Jun. 24, 2005)).
DECISION
Respondent’s non-compliant response to the Complaint does not contest the material allegations of the Complaint, and, in particular it does not contest Complainant’s request that the disputed domain name be transferred to Complainant. Rather, Respondent has expressly consented to the transfer of the domain name in issue to Complainant. The parties have therefore effectively agreed in writing to a transfer of the subject domain name from Respondent to Complainant without the need for further proceedings, and no findings are required of the Panel in order to effectuate this agreement of the parties.
Accordingly, it is Ordered that the <hpnotebookcomputer.com> domain name be TRANSFERRED from Respondent to Complainant.
Terry F. Peppard , Panelist
Dated: December 29, 2009
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