national arbitration forum

 

DECISION

 

Univision Communications Inc. v. Marchex Sales, Inc / Brendhan Hight

Claim Number: FA1110001413259

 

PARTIES

Complainant is Univision Communications Inc. (“Complainant”), represented by Jorge Arciniega of McDermott Will & Emery LLP, California, USA.  Respondent is Marchex Sales, Inc / Brendhan Hight (“Respondent”), represented by John Berryhill of John Berryhill LLC, Pennsylvania, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <noticiasunivision.com>, registered with eNom, Inc.

 

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.

 

David S. Safran as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on October 27, 2011; the National Arbitration Forum received payment on October 27, 2011.

 

On October 27, 2011, eNom, Inc. confirmed by e-mail to the National Arbitration Forum that the <noticiasunivision.com> 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 October 28, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of November 17, 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@noticiasunivision.com.  Also on October 28, 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 November 17, 2011.

 

On November 18, 2011, supplemental communications were filed by both the Complainant and the Respondent.

 

On November 28, 2011, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed David S. Safran, as Panelist.

 

RELIEF SOUGHT

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

 

FINDINGS

Respondent has consented to the transfer of the <noticiasunivision.com>  domain name

 

DISCUSSION

Respondent has consented to transfer the <noticiasunivision.com> domain name to Complainant.  However, after the initiation of this proceeding, eNom Inc. placed a hold on Respondent’s account, and therefore, Respondent cannot transfer the disputed domain name while this proceeding is still pending.  As a result, the Panel finds that, in a circumstance such as this, where Respondent has not contested the transfer of the disputed domain name, but instead agrees to transfer the domain name in question to Complainant, the Panel may decide to forego the traditional UDRP analysis and order an immediate transfer of the  <noticiasunivision.com> domain nameSee 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.”).

 

DECISION

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

 

David S. Safran, Panelist

Dated:  December 6, 2011

 

 

 

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