Seiko Epson Corporation and
Epson America, Inc. v. Rick Pritchard
Claim Number: FA1007001337628
PARTIES
Complainant is Seiko Epson Corporation and Epson
America, Inc. (“Complainant”),
represented by James B. Belshe, of Workman Nydegger,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is/are <epsonspares.com>, registered with Godaddy.com,
Inc.
PANEL
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.
R. Glen Ayers served as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on July 27, 2010.
On July 28, 2010, Godaddy.com, Inc. confirmed by e-mail to the
National Arbitration Forum that the <epsonspares.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 August 2, 2010, the Forum
served the Complaint and all Annexes, including a Written Notice of the
Complaint, setting a deadline of August 23, 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@epsonspares.com by
e-mail. Also on August 2, 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 August 4, 2010.
On August 12, 2010, pursuant to Complainant’s request to have the
dispute decided by a single-member Panel, The National Arbitration Forum
appointed R. Glen Ayers as Panelist
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Complainant has asserted that its Mark and Domain name are identical.
It has also asserted that Respondent has no rights in the name and that Respondent
has acted in bad faith. It has asserted that Respondent failed to respond to a
cease and decist demand.
B. Respondent
In correspondence to with the Forum, Respondent stated: “I wish not to dispute
this Case. If it helps I will cancel the domain name if I can. Please advise if
that will help. Rick Pritchard”.
C. Additional Submissions
None.
FINDINGS
Because respondent consents to the transfer
of the domain name and does not contest the allegations of the Complainant,
detailed findings and a detailed discussion are unnecessary, as set out below.
DISCUSSION
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.”
Paragraph 4(a) of the Policy requires that the Complainant must prove
each of the following three elements to obtain an order that a domain name should
be cancelled or transferred:
(1) the domain name registered by the Respondent
is identical or confusingly similar to a trademark or service mark in which the
Complainant has rights;
(2) the Respondent has no rights or legitimate
interests in respect of the domain name; and
(3) the domain name has been registered and is being
used in bad faith.
DECISION
Having received a Response consenting to the requested transfer and
declining to contest the Complaint, the Panel concludes that the relief
requested by Complainant shall be granted.
Accordingly, it is Ordered that the <epsonspares.com> domain name be TRANSFERRED from
Respondent to Complainant.
R. Glen Ayers, Panelist
Dated: August 17, 2010
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