Victoria's Secret Stores Brand Management, Inc. v. NetRichNow
Claim Number: FA1110001410005
Complainant is Victoria's Secret Stores Brand Management, Inc. (“Complainant”), represented by Melise R. Blakeslee of Sequel Technology & IP Law, PLLC, Washington D.C., USA. Respondent is NetRichNow (“Respondent”), United Kingdom.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <victoriassecretcouponcodesinfo.com>, registered with GoDaddy.com.
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 October 3, 2011; the National Arbitration Forum received payment on October 3, 2011.
On October 4, 2011, GoDaddy.com confirmed by e-mail to the National Arbitration Forum that the <victoriassecretcouponcodesinfo.com> domain name is registered with GoDaddy.com and that Respondent is the current registrant of the name. GoDaddy.com has verified that Respondent is bound by the GoDaddy.com 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 October 4, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of October 24, 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, admin-istrative, and billing contacts, and to postmaster@victoriassecretcouponcodes-info.com. Also on October 4, 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 which was in compliance with the requirements of the Policy, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On November 1, 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 a compliant response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
Complainant sells women’s lingerie and other apparel, personal care and beauty products, swimwear, and outwear.
Complainant has rights in the VICTORIA’S SECRET trademark based on its registration of the mark with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 1,146,199, registered June 20, 1981).
Respondent registered the disputed domain name on April 18, 2011.
The disputed domain name resolves to a website featuring Complainant’s mark and logo, as well as advertisements to unrelated third-party websites, some of which compete with the business of Complainant.
Respondent’s <victoriassecretcouponcodesinfo.com> domain name is confusingly similar to Complainant’s VICTORIA’S SECRET mark.
Respondent is not commonly known by the domain name <victoriassecret-couponcodesinfo.com>.
Complainant has not licensed or otherwise authorized Respondent’s use of its mark in any way.
Respondent does not have any rights to or legitimate interests in the domain name <victoriassecretcouponcodesinfo.com>.
Respondent registered and uses the <victoriassecretcouponcodesinfo.com> domain name in bad faith.
B. Respondent has failed to submit a Response in this proceeding which was in compliance with the requirements of the Policy and its accompanying Rules. However, in an e-mail message addressed to the National Arbitration Forum, Respondent has recited as follows:
We wish to settle this ASAP and have no intention to contest this case. We will happily agree to the transfer of the domain name to the Complainant and will do so forthwith.
In the interests of justice, the Panel will take this communication into account in arriving at an appropriate disposition of this proceeding.
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must 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 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 accord-ance 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 Disney Enterprises, Inc. v. Morales, FA 475191 (Nat. Arb. Forum Jun. 24, 2005)).
DECISION
Respondent’s non-compliant response to the Complaint filed in this proceeding does not contest the material allegations of the Complaint, and, in particular, it does not contest Complainant’s request that the disputed domain name be transferred to Complainant. Rather Respondent has expressed its intention that the subject domain name be transferred to Complainant without delay. 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 <victoriassecretcouponcodesinfo.com> domain name be forthwith TRANSFERRED from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: November 1, 2011
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