Bond Fletcher, Chief
Executive Officer c/o Typehaus, Inc. v. Brian Kemmenoe
Claim Number: FA1003001316357
PARTIES
Complainant is Bond Fletcher, Chief Executive Officer c/o Typehaus,
Inc. (“Complainant”), represented by David L. Romero, California, USA. Respondent is Brian Kemmenoe (“Respondent”),
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <checkjet.com>, registered with Dotster.
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.
Alan L. Limbury, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on March 30.
On April 1, 2010, Dotster confirmed by e-mail to the National
Arbitration Forum that the <checkjet.com> domain name is
registered with Dotster and that the
Respondent is the current registrant of the name. Dotster
has verified that Respondent is bound by the Dotster
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 April 9, 2010, the Forum served the Complaint and all Annexes,
including a Written Notice of the Complaint, setting a deadline of April 29,
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 postmaster@checkjet.com. Also on April 9, 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.
A timely Response was received and determined to be complete on April 29, 2010.
On May 7, 2010, pursuant to Complainant’s request
to have the dispute decided by a single-member
Panel, the National Arbitration Forum
appointed Alan L. Limbury as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant. Without admission of contravention of the Policy,
Respondent consents to such transfer.
PARTIES’ CONTENTIONS
A. Complainant
Complainant contends that the domain name <checkjet.com> is identical to Complainant’s
In particular, Complainant says the renewal of the registration of the
domain name, after Respondent was put on notice of Complainant’s trademark
rights, amounted to bad faith registration.
B. Respondent
Respondent accepts that the domain name and the trademark are identical
but denies Complainant’s other assertions. In particular, Respondent notes that
Complainant’s mark did not exist when he registered the domain name.
FINDINGS
The Panel notes that the domain name was
registered before Complainant acquired any trademark rights and finds that
there are no circumstances to indicate that Respondent could have had
Complainant or its mark in mind when he registered the domain name in March,
2007.
But for Respondent’s consent to the transfer
of the domain name to Complainant, this case would have presented an
opportunity to consider the careful reasoning in Eastman Sporto Group LLC v. Jim
and Kenny, WIPO Case No. D2009-1688, which questions whether it is appropriate to continue
to follow early Panel decisions that do not accept renewal as registration for the purposes
of the Policy.
DISCUSSION
Since
Respondent consents to transfer the <checkjet.com>
domain name to Complainant, the Panel will forego the traditional UDRP
analysis and order transfer of the domain
name. See Boehringer Ingelheim Int’l GmbH
v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum
Jan. 9, 2003); Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA
212653 (Nat Arb. Forum Jan. 13, 2004) and Disney
Enters., Inc. v. Morales, FA 475191 (Nat. Arb. Forum June 24, 2005).
DECISION
By consent, and without making any findings adverse to Respondent, the
Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <checkjet.com> domain name be TRANSFERRED
from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: May 12, 2010
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