national arbitration forum

 

DECISION

 

Anheuser - Busch, Incorporated v. Rafael Martorell

Claim Number: FA1103001376341

 

PARTIES

Complainant is Anheuser - Busch, Incorporated (“Complainant”), represented by Paul D. McGrady of Greenberg Traurig, Illinois, USA.  Respondent is Rafael Martorell (“Respondent”), Florida, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAMES

The domain name at issue is <budweiserus.com>, registered with Register.com, Inc.

 

The domain names at issue are <budweiserusa.com>, <budweiserusa.net>, and <budweiseruk.com>, 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 conflict of interests in serving as Panelist in this proceeding.

 

Terry F. Peppard as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on March 7, 2011; the National Arbitration Forum received payment on March 8, 2011.

 

On March 8, 2011, Register.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <budweiserus.com> domain name is registered with Register.com, Inc. and that Respondent is the current registrant of the name.  Register.com, Inc. has verified that Respondent is bound by the Register.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 March 8, 2011, Godaddy.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <budweiserusa.com>, <budweiserusa.net>, and <budweiseruk.com> domain names are registered with Godaddy.com, Inc. and that Respondent is the current registrant of the names.  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 March 11, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 31, 2011 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@budweiserus.com, postmaster@budweiserusa.com, postmaster@ budweiserusa.net, and postmaster@ budweiseruk.com.  Also on March 11, 2011, 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 compliant response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.

 

On April 4, 2011, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Terry F. Peppard as sole Panelist in this proceeding.

 

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 response from Respondent.

 

RELIEF SOUGHT

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

 

PARTIES' CONTENTIONS

A.   Complainant makes the following assertions:

 

Complainant is a leading American brewer and and distributor of beer and related goods and services. 

 

Complainant owns trademark registrations with the United States Patent and Trademark Office ("USPTO") for its BUDWEISER mark (including Reg. No. 922,481, issued October 19, 1971).

 

Respondent registered the domain name <budweiserus.com> on December 22, 2010 and the domain names <budweiserusa.com>, <budweiserusa.net>, and <budweiseruk.com> on February 2, 2011. 

 

Respondent’s domain names <budweiserusa.com>, <budweiserusa.net>, and <budweiseruk.com> resolve to websites that host links to various third-party commercial websites. 

 

Respondent’s <budweiserus.com> domain name does not resolve to an active website. 

 

Respondent’s <budweiserus.com>, <budweiserusa.com>, <budweiserusa.net>, and <budweiseruk.com> domain names are confusingly similar to Complainant’s BUDWEISER mark.

 

Respondent is not commonly known by the disputed domain names.

 

Complainant has not licensed or otherwise authorized Respondent to use its BUDWEISER mark in any way. 

 

Respondent does not have any rights to or legitimate interests in any of the <budweiserus.com>, <budweiserusa.com>, <budweiserusa.net>, and <budweiseruk.com> domain names.

 

Respondent registered and uses the <budweiserus.com>, <budweiserusa.com>, <budweiserusa.net>, and <budweiseruk.com> domain names in bad faith.

 

B.   Respondent failed to submit a compliant Response in this proceeding.  However, in an exchange of e-mail messages with the National Arbitration Forum, Respondent has declared:  “I will be more than happy to give up the rights to the name [sic]….”

 

DISCUSSION

 

Respondent failed to submit a Response to the Complaint filed in this proceeding in compliance with the requirements of the Policy.  However, in communications with the National Arbitration Forum Respondent does not deny the material allegations of the Complaint, but recites a willingness to give up the rights to the contested domain names. 

 

In the ordinary course, Paragraph 4(a) of the Policy requires that Complainant prove each of the following in order to obtain from a Panel an order that a domain name be transferred:

 

i.      the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights;

ii.     Respondent has no rights to or legitimate interests in respect of the domain name; and

iii.    the domain name has been registered and is being used in bad faith.

 

Notwithstanding the foregoing, 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.”

 

Further, Paragraph 14(b) of the Rules provides that, where a party fails to comply with requirements laid on by the Rules, the Panel may draw such inferences from that failure as it considers appropriate.   

 

DECISION

It appears from the record that Respondent has failed to respond to the allegations of the Complaint filed in this proceeding in a manner compliant with the requirement s of the Policy.  It also appears from the record that Respondent does not contest the material allegations of the Complaint.  It further appears that Respondent does not object to Complainant’s request for the transfer to it of the subject domain names as prayed for in the Complaint, so that the parties have tacitly agreed to the transfer of the subject domain names from Respondent to Complainant without the need for further proceedings.  In the circumstances here presented, we conclude that no worthwhile purpose would be served by a rendition of findings otherwise customary in proceedings of this sort. 

 

Accordingly, it is Ordered that each of the domain names <budweiserus.com>, <budweiserusa.com>, <budweiserusa.net>, and <budweiseruk.com> be forthwith TRANSFERRED from Respondent to Complainant.

 

Terry F. Peppard, Panelist

Dated:  April 14, 2011

 

 

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