National Arbitration Forum
Citigroup Inc. v. Domain
Privacy LTD a/k/a DNS Admin
Claim Number: FA0911001295997
Complainant is Citigroup Inc. (“Complainant”), represented by Paul
D. McGrady, of Greenberg Traurig, LLP, Illinois, USA. Respondent is Domain Privacy LTD a/k/a DNS Admin (“Respondent”), Massachusetts,
DISPUTED DOMAIN NAME
The domain name at issue is <citimortgage.net>, registered with Fabulous.com
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.
Bruce E. Meyerson as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum
electronically on November 23, 2009; the National
Arbitration Forum received a hard copy of the Complaint on November
On November 24, 2009, Fabulous.com Pty Ltd. confirmed by e-mail to
the National Arbitration Forum that the <citimortgage.net> domain name is
registered with Fabulous.com Pty Ltd. and
that the Respondent is the current registrant of the name. Fabulous.com
Pty Ltd. has verified that Respondent is bound by the Fabulous.com Pty Ltd. 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
On December 2, 2009, a Notification of
Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”),
setting a deadline of December 22, 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 Response was received on December 9, 2009.
However because this Response was
received not in hard copy the National Arbitration Forum does not consider this
Response to be in compliance with ICANN Rule 5.
Nevertheless, because Respondent
consents to the transfer of the domain name, the Response will be considered.
On December 16, 2009, pursuant to Complainant’s request to
have the dispute decided by a single-member
Panel, the National Arbitration Forum
appointed Bruce E. Meyerson as Panelist.
Complainant requests that the domain name be transferred from
Respondent to Complainant.
Respondent is a proxy service and is not the beneficial owner of the domain. Its practice is to terminate service in
response to a UDRP complaint and replace its information with the actual
contact information of the domain holder.
But the registrar placed a hold on the account before the Respondent
received notice of this proceeding.
The record reflects, however, a communication between the Respondent and
the owner of the domain, Abadaba S.A., in which the Respondent asked
the owner how it would like to respond to the Complaint. Abadaba S.A. responded: “They can have that
domain. Go ahead and turn it over to
Accordingly, because the Respondent has not contested the transfer of the
disputed domain name but instead agrees to transfer the domain name in question
to Complainant, the Panel chooses to forego the traditional UDRP analysis and
orders an immediate transfer of the <citimortgage.net> domain name. 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.”); 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.”).
The Respondent having consented to the transfer of the domain name, the
Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <citimortgage.net> domain name be TRANSFERRED
from Respondent to Complainant.
Bruce E. Meyerson, Panelist
Dated: December 28, 2009
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