AARP v. Scott Strepina
Claim Number: FA1108001403514
Complainant is AARP (“Complainant”), represented by John Dabney of McDermott Will & Emery LLP, Washington D.C., USA. Respondent is Scott Strepina (“Respondent”), Florida, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <aarpbank.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.
Tyrus R. Atkinson, Jr., as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on August 16, 2011; the National Arbitration Forum received payment on August 17, 2011.
On August 18, 2011, GoDaddy.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <aarpbank.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 August 24, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 13, 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@aarpbank.com. Also on August 24, 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 September 7, 2011.
On September 13, 2011, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Tyrus R. Atkinson, Jr., as Panelist.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant is a nonprofit corporation which for more than 50 years has offered a wide variety of products and services under the AARP mark, including financial products and services. Complainant owns thirty eight federal registrations for AARP and formatives thereof. Complainant’s registrations for AARP for financial products and services have achieved “incontestable” status under the Lanham Act. Respondent registered the <aarpbank.com> domain name well after Complainant registered the AARP mark. Respondent’s disputed domain name is confusingly similar to Complainant’s mark. Respondent has no rights to or legitimate interests in the disputed domain name. The disputed domain name was registered and used in bad faith. Complainant demands that the <aarpbank.com> domain name be transferred from Respondent to Complainant.
B. Respondent
Respondent agrees to “comply fully to” the remedies demanded by Complainant, including transfer of the <aarpbank.com> domain name.
Respondent having consented to the transfer of the disputed domain name from Respondent to Complainant, the domain name is ordered transferred to Complainant.
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.
Respondent consents to transfer the <aarpbank.com> domain name to Complainant. The Panel finds that that under these circumstances, where Respondent has not contested transfer, but instead agrees to transfer the domain name to Complainant, the Panel decides to forego the traditional UDRP analysis and order an immediate transfer of the <aarpbank.com> 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 the necessary elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <aarpbank.com> domain name be TRANSFERRED from Respondent to Complainant .
Tyrus R. Atkinson, Jr., Panelist
Dated: September 26, 2011
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