Claim Number: FA1007001335811
PARTIES
Complainant is Victoria's Secret Stores Brand
Management, Inc. (“Complainant”),
represented by Melise R. Blakeslee, of Sequel Technology & IP Law, LLP,
Respondent is Dana Forsythe (“Respondent”),
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <feevictoriasecretcard.com> (“Domain Name”), registered with GoDaddy.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.
Hugues G. Ricard as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on
On
On July 21, 2010, the Forum
served the Complaint and all Annexes, including a Written Notice of the
Complaint, setting a deadline of August 10, 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@feevictoriasecretcard.com
by e-mail. Also on
A timely Response was received and determined to be complete on
On
RELIEF SOUGHT
Complainant requests that the Domain Name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Complainant provides evidence of ownership of the trademark,
Complainant submits Respondent has no rights or legitimate interests in
the Domain Name. Complainant provides evidence that the Domain Name currently
does not resolve to an active web site and that it was previously used for
promoting and linking to the website prizevenue.com.
It argues this did not and does not constitute a bona fide offering of goods or services or a legitimate
noncommercial or fair use, pursuant to the Policy. Complainant further submits
Respondent used the Domain Name to divert customers from the legitimate
Finally, Complainant makes submissions that the Domain Name was
registered and is being used in bad faith. Complainant concludes as such from
the use Respondent was making of the Domain Name, i.e. creating confusion with
Complainant’s trademarks and diverting users for commercial gain.
B. Respondent
Respondent mentions she was unaware that she “was not allowed to use
the
FINDINGS
As Respondent consents to the transfer of the
Domain Name, the Panel finds the Domain Name <feevictoriasecretcard.com> should be transferred to Complainant.
DISCUSSION
In the present case, where Respondent has not
challenged any of Complainant’s assertions and consents to transfer of the
Domain Name, the Panel finds it unnecessary to go through the traditional UDRP
analysis. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman
Web Dev., FA 133625 (Nat. Arb. Forum
DECISION
Having established and determined that Respondent does not contest
Complainant’s remedy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <feevictoriasecretcard.com> domain
name be TRANSFERRED from Respondent to Complainant.
Hugues G. Richard, Panelist
Dated: August 2, 2010
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