State Farm Mutual Automobile Insurance Company v. Citywidetowing c/o Naseer Quadeer
Claim Number: FA1002001306293
Complainant is State Farm Mutual Automobile Insurance
Company (“Complainant”), represented
by Debra J. Monke, of State Farm Mutual Automobile Insurance Company,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <statefarmtowings.com>, registered with Godaddy.com, Inc.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
Tyrus R. Atkinson, Jr., as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on February 3, 2010. With its Complaint, Complainant also chose to proceed entirely electronically under the new Rules for Uniform Domain Name Dispute Resolution Policy (“Rules”) and the new Forum’s Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (“Supplemental Rules”) by submitted an “opt-in” form available on the Forum’s website.
On February 4, 2010, Godaddy.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <statefarmtowings.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 February 5, 2010, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 25, 2010 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to email@example.com by e-mail. Also on February 5, 2010, the Written Notice of the Complaint, notifying Respondent of the email addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.
On February 25, 2010 Respondent submitted an electronic copy of its Response. The Response was found to be deficient as Respondent did not send in a hard-copy Response as required by ICANN Rule 5. Respondent did not indicate assent to participate in an electronic process; therefore Respondent’s submission was required to be sent in hard copy per the version of the UDRP Rule 5 currently in effect.
The Response, though deficient, constituted a consent to transfer the disputed domain name from Respondent to Complainant. The Panel will consider the consent to transfer in this proceeding.
On March 5, 2010, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Tyrus R. Atkinson, Jr., as Panelist.
Complainant requests that the domain name be transferred from Respondent to Complainant.
State Farm is a nationally known company that has been doing business
under the name “State Farm” since 1930.
State Farm engages in business in both the insurance and the financial
services industry. State Farm first
began using the “State Farm” trademark in 1930 and registered it with United
States Patent and Trademark Office on June 11, 1996. In January of 2010 it was brought to State
Farm’s attention that Respondent had registered Complainant’s trademark “State
Farm” as part of the domain name, “statefarmtowings.com”. The domain name re-directs users to
citywidetowingsseattle.com, a website for the company, Citywide Towing
On January 13, 2010, a cease and desist letter was sent from Complainant to Respondent. Further correspondence and conversations were exchanged between the parties resulting in the filing of this proceeding.
Respondent has no rights to or legitimate interests in the disputed domain name and has acted in bad faith in registering and using the domain name.
Respondent’s attorney submitted an e-mail to the Forum stating, in part, that notwithstanding any defenses, Respondent stipulates that the remedy of transfer of the domain name to State Farm should be granted.
1. Respondent’s stipulation to transfer the disputed domain name from Respondent to Complainant permits a summary disposal in this proceeding without the formal analysis generally required under the Policy and Rules.
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.”
Respondent consents to transfer the <statefarmtowings.com> domain name to Complainant. However, after the initiation of this proceeding, Godaddy.com, Inc. placed a hold on Respondent’s account and therefore Respondent cannot transfer the domain name while this proceeding is still pending. In a case of this nature, where Respondent has not contested transfer and has stipulated that the transfer be made by this Panel, the Panel is authorized to forego the traditional UDRP analysis and order an immediate transfer of the <statefarmtowings.com> domain name. See Boehringer Ingelheim GmbH v. Modern Ltd,-Cayman Web Dev., FA 133625 (Nat. Arb Forum Jan. 9, 2003) (transferring the domain name registration where 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 of compliance (or not) with the Policy.”) See also Disney Enters., Inc. v. Morales, FA 475101 (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.”).
Respondent having stipulated to the transfer of the domain name and the stipulation being
permissible under ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <statefarmtowings.com> domain name be TRANSFERRED from Respondent to Complainant.
Tyrus R. Atkinson, Jr., Panelist
Dated: March 19, 2010
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