national arbitration forum

 

DECISION

 

Sears Brands, LLC v. Signature Alliance Corporation /  Paul Hamilton

Claim Number: FA1109001407093

 

PARTIES

Complainant is Sears Brands, LLC (“Complainant”), represented by David A. Wheeler of Greenberg Traurig, LLP, Illinois, USA.  Respondent is Signature Alliance Corporation /  Paul Hamilton (“Respondent”), California, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <kmarthome.com>, registered with DOTREGISTRAR.

 

PANEL

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.

 

Mary McCormick as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on September 12, 2011; the National Arbitration Forum received payment on September 13, 2011.

 

On September 13, 2011, DOTREGISTRAR confirmed by e-mail to the National Arbitration Forum that the <kmarthome.com> domain name is registered with DOTREGISTRAR and that Respondent is the current registrant of the name.  DOTREGISTRAR has verified that Respondent is bound by the DOTREGISTRAR 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 September 13, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of October 3, 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@kmarthome.com.  Also on September 13, 2011, the Written Notice of the Complaint, notifying Respondent of the e-mail 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 30, 2011.

 

On October 3, 2011, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Mary McCormick as Panelist.

 

RELIEF SOUGHT

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

 

PARTIES' CONTENTIONS

A. Complainant

Complainant Sears Brands, LLC contends that it owns an extensive group of famous trademarks and service marks including the element “KMART,” some of which date from 1962.  Complainant contends that Respondent’s registered domain name <kmarthome.com> is confusingly similar to Complainant’s registered marks, that Respondent is not known by the disputed domain name, has no authority to use it and has no rights or legitimate interests in it.  Complainant accuses Respondent of using the disputed domain name to divert Internet users to his website <perfect-handbag.com> which offers goods and services in direct competition with Complainant.  Complainant also accuses Respondent of having registered and used the domain name in bad faith with the purpose of diverting Internet users to the offering of competing goods and services with knowledge of Complainant’s superior rights in order to obtain financial gain.  On that basis, Complainant requests that the Panel order that the disputed domain name be transferred to Complainant.

 

B. Respondent

Respondent admits the material allegations of the Complaint and consents to a decision ordering transfer of the disputed domain name to Complainant.

 

FINDINGS

Because Respondent has admitted the material allegations of the Complaint and has consented to transfer of the dispute domain name to Complainant, it is not necessary to make findings or engage in analysis of the ICANN policy factors. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat Arb. Forum Jan. 13, 2004).

 

DECISION

Respondent having admitted all three elements required under the ICANN Policy, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <kmarthome.com> domain name be TRANSFERRED from Respondent to Complainant.

 

Mark McCormick, Panelist

Dated:  October 14, 2011

 

 

 

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