Cash America International,
Inc. v. Cyclicom Holdings LTD
Claim Number: FA0912001299224
PARTIES
Complainant is Cash America International, Inc. (“Complainant”), represented by Eric
Michael
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <quickquiduk.com>, registered with Register.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.
Terry F. Peppard as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on December 15, 2009; the
National Arbitration Forum received a hard copy of the Complaint on December 16, 2009.
On December 18, 2009, Register.com, Inc. confirmed by e-mail to the
National Arbitration Forum that the <quickquiduk.com> domain name is
registered with Register.com, Inc. and
that the Respondent is the current registrant of the name. Register.com,
Inc. has verified that Respondent is bound by the Register.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 December 21, 2009, a
Notification of Complaint and Commencement of Administrative Proceeding (the
“Commencement Notification”), setting a deadline of January 11, 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@quickquiduk.com by
e-mail.
A timely Response was received and determined to be complete on January 11, 2010.
On January 19, 2009, the Forum granted the Parties request that the
proceedings be stayed pursuant to the Forum’s Supplemental Rule 6(b)(i).
On January 22, 2009, the Forum granted Complainant’s Request to Lift
the Stay.
On January 12, 2010, 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.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Complainant is a
leading provider of specialty financial services.
Complainant provides
specialty financial services to individuals in the
Complainant also
owns and uses the domain name <quickquid.com> to direct Internet users to
its primary website at <www.quickquid.co.uk>, registered in 2004.
Complainant uses
the mark QUICKQUID for, among other things, check cashing and cashing of pay
checks; money lending; short term consumer loan services; short term loans;
payday advances; payday loan services; money orders; electronic funds transfer;
and financial overdraft protection.
Complainant owns
the QUICKQUID mark, for which it has obtained trademark regis-trations (U.K.
Reg. No. 2458778A and U.K. Reg. No. 2458778B), and those registrations predate
Respondent’s registration of the disputed domain name.
These mark registrations
have not been abandoned, cancelled or revoked.
Complainant has
spent hundreds of thousands of dollars in advertising and promotion of the
QUICKQUID mark in print media, television and the Internet.
Based on its
trademark registrations and extensive use, Complainant owns the exclusive right
to use the QUICKQUID mark in connection with its business.
Respondent
registered the <quickquiduk.com>domain name on or about April 5, 2009.
This disputed domain name is confusingly similar to Complainant's
QUICKQUID mark.
Respondent has no rights or legitimate interests in respect of the
disputed domain name.
Respondent has not been commonly known by the disputed domain name.
Respondent is not
sponsored by or legitimately affiliated with Complainant in any way, and
Complainant has not given Respondent permission to use Complainant's mark in a
domain name.
Respondent is
using the disputed domain name to redirect unsuspecting Internet users to a
website featuring generic links to third-party websites, some of which directly
compete with Complainant's business.
Presumably,
Respondent receives pay-per-click fees from these linked websites.
Respondent is not
using the domain name to provide a bona fide offering of goods or
services or a legitimate noncommercial or fair use as allowed under the Policy.
Respondent has
ignored Complainant's attempts to resolve this dispute outside of
the pending
administrative proceeding.
The disputed
domain name was registered and is being used by Respondent in bad faith.
B. Respondent
Respondent, in e-mail communications with the National Arbitration
forum, has recited as follows: “[W]e do
not oppose this application, and will sign and return any forms needed to
transfer this domain name to the complainant.”
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
DECISION
Respondent’s response in this proceeding 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, in written communications, it expressly consents to such
transfer. Thus the parties have
effectively agreed in writing to a transfer of the subject domain name from
Respondent to Complainant without the need for further proceedings.
Accordingly, it is Ordered that the <quickquiduk.com> domain name be forthwith
TRANSFERRED from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: February 12, 2010
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