Anheuser - Busch, Incorporated v. Dusan Mihajlovic
Claim Number: FA1106001391645
Complainant is Anheuser - Busch, Incorporated (“Complainant”), represented by Paul D. McGrady of Greenberg Traurig, LLP, Illinois, USA. Respondent is Dusan Mihajlovic (“Respondent”), represented by Dusan Mihajlovic, California, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <budweiserpoolball.com>, registered with GoDaddy.com, Inc.
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.
David E. Sorkin as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on June 1, 2011; the National Arbitration Forum received payment on June 2, 2011.
On June 1, 2011, GoDaddy.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <budweiserpoolball.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 June 3, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 23, 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@budweiserpoolball.com. Also on June 3, 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.
A timely Response was received and determined to be complete on June 6, 2011.
On June 8, 2011, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed David E. Sorkin as Panelist.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant is the leading American brewer. It owns numerous trademark registrations for BUDWEISER in connection with beer and other goods and services, including U.S. trademark number 922,481. Complainant alleges that the disputed domain name <budweiserpoolball.com> is confusingly similar to its marks; that Respondent has no rights or legitimate interests therein; and that the domain name was registered and is being used in bad faith.
B. Respondent
Respondent consents to the relief sought by Complainant, and requests that the Panel order transfer without analyzing the specific claims made in the Complaint.
The Panel declines to enter specific findings for the reasons set forth below.
Paragraph 15(a) of 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."
Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
Although the parties have not informed the Panel of a formal settlement pursuant to paragraph 17 of the Rules, there does not appear to be any meaningful dispute between them, and Respondent has consented to the relief requested by Complainant. Furthermore, the Panel is unaware of any extenuating circumstances that would militate against the approach requested by Respondent. See e.g. Enterprise Holdings, Inc. v. Muscari Holding Ltd., FA 1346463 (Nat. Arb. Forum Nov. 8, 2010) (holding that specific findings are appropriate in case involving registrant of numerous domain names used for marketing goods and services or as generic search terms).
The Panel therefore finds it appropriate to order that the domain name be transferred to Complainant as requested, and declines to engage in a specific analysis of the elements set forth in paragraph 4(a) of the Policy.
Having considered the elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <budweiserpoolball.com> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: June 8, 2011
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