National Arbitration Forum

 

DECISION

 

SAS Institute Inc. v. Shyam Sunder

Claim Number: FA1009001344636

 

PARTIES

Complainant is SAS Institute Inc. (“Complainant”), represented by Maury M. Tepper, of Tepper & Eyster, PLLC, North Carolina, USA.  Respondent is Shyam Sunder (“Respondent”), India.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <sas-analytics.net> (the Dispute Domain Name) registered with eNom, 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.

 

Kendall C. Reed as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on September 2, 2010.

 

On September 2, 2010, eNom, Inc. confirmed by e-mail to the National Arbitration Forum that the <sas-analytics.net> domain name is registered with eNom, Inc. and that the Respondent is the current registrant of the name.  eNom, Inc. has verified that Respondent is bound by the eNom, 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 September 8, 2010, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 28, 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@sas-analytics.net by e-mail.  Also on September 8, 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 September 27, 2010.

 

 

On October 15, 2010, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Kendall C. Reed as Panelist.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PARTIES’ CONTENTIONS

A. Complainant

Complainant asserts that it is the owner of several trademark registrations for mark SAS, that the Disputed Domain Name is identical or confusingly similar thereto, that Respondent has no rights or legitimate interests in the Disputed Domain Name, and that Respondent acted in bad faith in registering and using the Dispute Domain Name. 

 

B. Respondent

Respondent consents to the transfer of the Dispute Domain Name to Complainant.

 

FINDINGS

Based on Respondent’s consent to transfer the Dispute Domain Name, the Panel makes no findings in this administrative action.

 

DISCUSSION

 

            Preliminary Issue – Consent to Transfer the Disputed Domain Name

 

In its response, Respondent consents to the transfer of the domain name <sas-analytics.com> to Complainant.  This domain name is not the Disputed Domain Name, which is as noted above <sas-analytics.net>; however, this Panel believes and so finds that in identifying the domain name <sas-analytics.com>, Respondent committed a typographical error and intended to identify the Disputed Domain Name, <sas-analytics.net>.  To conclude otherwise would be to conclude that the identification of the domain name <sas-analytics.com> was intentional and would also be irrelevant. This Panel does not believe that Respondent intended to make an irrelevant statement.  Further, Respondent’s use of the <sas-analytics.com> domain name is within the context of its response in this administrative action, and this context can fairly be use to interpret Respondent’s intention.

 

Where both a complainant and respondent request that a disputed domain name be transferred to the complainant, it is expedient and just for the panel to so order without undertaking an analysis under the Policy.  See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Disney Enters., Inc. v. Morales, FA 475191 (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.”).

 

 

DECISION

 

Accordingly, it is Ordered that the <sas-analytics.net> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Kendall C. Reed, Panelist
Dated: October 27, 2010

 

 

 

 

 

 

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