Seiko Epson Corporation and Epson America, Inc. v. Michael Greene
Claim Number: FA1357371
Complainant is Seiko Epson Corporation and Epson America, Inc. (“Complainant”), represented by James B. Belshe of Workman Nydegger, Utah, USA. Respondent is Michael Greene (“Respondent”), Colorado, USA.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <epsondriverscentral.com> and <epson-printer-drivers.com>, registered with GoDaddy.com.
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.
The Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on November 9, 2010; the National Arbitration Forum received payment on November 10, 2010.
On November 10, 2010, GoDaddy.com confirmed by e-mail to the National Arbitration Forum that the <epsondriverscentral.com> and <epson-printer-drivers.com> domain names are registered with GoDaddy.com and that Respondent is the current registrant of the names. GoDaddy.com has verified that Respondent is bound by the GoDaddy.com registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On November 15, 2010, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of December 6, 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@epsondriverscentral.com and postmaster@epson-printer-drivers.com. Also on November 15, 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.
Having received no formal response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On December 10, 2010 pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed the Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
Although not submitting a formal Response, Respondent sent several emails to the Forum indicating that he deleted the domain names with his registrar. In an email on November 11, 2010, Respondent stated “I am not trying to keep the domains so go ahead and transfer them.”
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any formal response from Respondent.
Complainant requests that the domain names be transferred from Respondent to Complainant.
Complainant, Seiko Epson Corporation, manufactures technology products, including printers, scanners, digital cameras, and video projectors. Complainant uses the EPSON mark in connection with its products. Complainant also holds numerous trademark registrations with the United States Patent and Trademark office (“USPTO”) for the EPSON mark (e.g., Reg. No. 1,134,004 issued April 29, 1980). Complainant, Epson America, Inc., is the North and Latin American sales, marketing, and customer service subsidiary of Seiko Epson Corporation. The Panel finds there is a sufficient nexus or link between the Complainants and, accordingly, it will treat them as a single entity in this proceeding. The Panel will collectively refer to the Complainants as “Complainant.”
Respondent, Michael Greene, registered the <epsondriverscentral.com> and <epson-printer-drivers.com> domain names on September 9, 2010. The disputed domain names resolve to directory websites that display links to third-party websites, some of which compete with Complainant’s business.
DECISION
Respondent does not contest any of Complainant’s allegations regarding the disputed domain names. Rather, Respondent has agreed to transfer the disputed domain names to Complainant. Where Respondent has consented to the transfer of the disputed domain name, the Panel may decide to forego the traditional UDRP analysis and order the immediate 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) (transferring the domain name registration where the 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 or of compliance (or not) with the Policy.”); 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.”).
Accordingly, it is Ordered that the <epsondriverscentral.com> and <epson-printer-drivers.com> domain names be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.), Panelist
Dated: December 22, 2010
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