Sears Brands, LLC v. Tonnum Aran
Claim Number: FA1011001360309
Complainant is Sears Brands, LLC (“Complainant”), represented by David A. Wheeler of Greenberg Traurig, LLP, Illinois, USA. Respondent is Tonnum Aran (“Respondent”), Thailand.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <searspartssite.com>, registered with GoDaddy.com, Inc.
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.
Héctor A. Manoff as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on November 24, 2010; the National Arbitration Forum received payment on November 29, 2010.
On November 24, 2010, GoDaddy.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <searspartssite.com> domain name is registered with GoDaddy.com, Inc. and that 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 disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On December 1, 2010, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of December 21, 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@searspartssite.com. Also on December 1, 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 December 21, 2010.
On December 29, 2010, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Héctor A. Manoff as Panelist.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
1. Complainant is a retailer providing merchandise and related services through more than 2,400 Sears-branded and affiliated stores in the U.S. and Canada.
2. Complainant asserts that it owns an extensive family of famous trademarks and service marks comprised of or featuring the element “SEARS,” some of which date back to 1931.
3. Complainant owns federally registered trademarks for SEARS.
4. Complainant runs the website <searspartsdirect.com>, through which it provides its customers with an on-line genuine Sears parts catalogue.
B. Respondent
1. Respondent consented to transfer the disputed domain name and made no further allegations.
The panel will not make any findings of fact, for the reasons explained below.
Preliminary Issue: Consent to Transfer
Respondent does not contest any of Complainant’s allegations regarding the <searspartssite.com> domain name. Rather, Respondent has consented to judgment in favor of Complainant and authorizes the immediate transfer of the subject domain name. Therefore, the Panel decides 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.”).
Having established that both parties consent to a transfer of the <searspartssite.com> domain name under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <searspartssite.com> domain name be TRANSFERRED from Respondent to Complainant.
Héctor A. Manoff, Panelist
Dated: January 11, 2011
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