Exxon Mobil Corporation v. Hussain Abbas / ServiceLance
Claim Number: FA1105001387157
Complainant is Exxon Mobil Corporation (“Complainant”), represented by Valerie Verret of Baker Botts L.L.P., Texas, USA. Respondent is Hussain Abbas / ServiceLance (“Respondent”), Australia.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <exxonmobilcreditcard.org>, registered with eNom, Inc.
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.
Complainant submitted a Complaint to the National Arbitration Forum electronically on May 4, 2011; the National Arbitration Forum received payment on May 5, 2011.
On May 5, 2011, eNom, Inc. confirmed by e-mail to the National Arbitration Forum that the <exxonmobilcreditcard.org> domain name is registered with eNom, Inc. and that 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 disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On May 10, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 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@exxonmobilcreditcard.org. Also on May 10, 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 response from Respondent compliant with the requirements of the Policy, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On June 2, 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.
Respondent has not submitted a response to the Complaint filed in this proceeding in compliance with the requirements of the Policy. Respondent has, however, communicated with the National Arbitration Forum via e-mail. The contents of that e-mail communication will be considered by the Panel in its determination of the proper resolution of the Complaint.
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 a compliant response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
Complainant is a global fuel and petroleum products company which also offers credit card services.
Complainant owns trademark registrations for the EXXONMOBIL mark on file with the United States Patent and Trademark Office (“USPTO”) (including Reg. No. 2,510,978, issued November 20, 2001).
Complainant uses the EXXONMOBIL mark to support and promote its business.
Respondent registered the disputed <exxonmobilcreditcard.org>domain name on May 5, 2011.
That domain name resolves to a site offering blogging services and which prominently bears Complainant’s corporate logo.
Respondent’s <exxonmobilcreditcard.org> domain name is confusingly similar to Complainant’s EXXONMOBIL mark.
Respondent is not commonly known by the contested domain name.
Respondent does not have any rights to or legitimate interests in the domain name <exxonmobilcreditcard.org>.
Complainant has never granted Respondent permission to use the trademark
EXXONMOBIL and has never authorized Respondent to market, promote or offer any of Complainant’s products or services, nor has Complainant permitted Respondent to register or use the disputed domain name.
Respondent registered and uses the <exxonmobilcreditcard.org> domain name in bad faith.
B. Respondent failed to submit a compliant Response in this proceeding. However, in an e-mail message addressed to the National Arbitration Forum, Respondent has recited as follows:
I
honestly won’t be able to respond to these emails. You have my this [sic] email
as my authority to act - please take the domain in question out of my
account and transfer it to whoever you guys want. I am not interested in it.
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following elements 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 by Respondent 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, Policy ¶ 3(a) provides for the transfer of a domain name registration upon the written instructions of the parties to a UDRP proceeding without the need for otherwise required findings and conclusions (see Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Ar. Forum Jan. 13, 2004; see also, to the same effect, Disney Enterprises, Inc. v. Morales, FA 475191 (Nat. Arb. Forum Jun. 24, 2005)).
DECISION
Respondent does not contest the material allegations of the Complaint, and, in particular, does not contest Complainant’s request that the disputed domain name be transferred to Complainant. Rather Respondent has advised the National Arbitration Forum that it may transfer the disputed domain name and that Respondent no longer has any interest in it. Thus the parties have effectively agreed in writing to a transfer of the subject domain name from Respondent to Complainant without the need for further proceedings.
It is therefore Ordered that the <exxonmobilcreditcard.org> domain name be TRANSFERRED forthwith from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: June 14, 2011
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