The Weather Underground v. Whois Privacy Protection Service, Inc. / Whois Agent
Claim Number: FA1111001416277
Complainant is The Weather Underground, Inc. (“Complainant”), represented by John Di Giacomo of Traverse Legal, PLC, Michigan, USA. Respondent is a privacy service called Whois Privacy Protection Service, Inc. / Whois Agent (“Respondent”), Washington, USA.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <wundergrond.com>, <wuinderground.com>, <wynderground.com>, <wubderground.com>, <weunderground.com>, <wundergeound.com>, <wundergriund.com>, <wundergrounds.com>, <wundergrounc.com>, <wundergroudn.com>, <wundergrond.org>, <wundergrounf.com>, <weatherundergrpund.com>, <weratherunderground.com>, and <weatherundergrounc.com>, (“the Domain Names”) registered with eNom, 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.
Alan L. Limbury, as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on November 18, 2011; the National Arbitration Forum received payment on November 18, 2011.
On November 18, 2011, eNom, Inc. confirmed by e-mail to the National Arbitration Forum that the <wundergrond.com>, <wuinderground.com>, <wynderground.com>, <wubderground.com>, <weunderground.com>, <wundergeound.com>, <wundergriund.com>, <wundergrounds.com>, <wundergrounc.com>, <wundergroudn.com>, <wundergrond.org>, <wundergrounf.com>, <weatherundergrpund.com>, <weratherunderground.com>, <weatherundergrounc.com> domain names are registered with eNom, Inc. and that Respondent is the current registrant of the names. 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 November 23, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of December 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@wundergrond.com, postmaster@wuinderground.com, postmaster@wynderground.com, postmaster@wubderground.com, postmaster@weunderground.com, postmaster@wundergeound.com, postmaster@wundergriund.com, postmaster@wundergrounds.com, postmaster@wundergrounc.com, postmaster@wundergroudn.com, postmaster@wundergrond.org, postmaster@wundergrounf.com, postmaster@weatherundergrpund.com, postmaster@weratherunderground.com, and postmaster@weatherundergrounc.com. Also on November 23, 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.
On December 14, 2011, a Response was received from Profile Group, the customer of the Respondent privacy service. The name Profile Group had been conveyed by eNom to the National Arbitration Forum on November 18, 2011, but that name did not appear as registrant of any of the Domain Names in the eNom Whois database at the time of the commencement of this proceeding. Accordingly Whois Privacy Protection Service, Inc. / Whois Agent, being the Registrant of the Domain Names, is the proper Respondent.
The Response filed by Profile Group was determined by the National Arbitration Forum to be deficient since its annexes were not separated from the Response. Nevertheless, the Panel has taken the Response and its annexes into account and has treated the Response by Profile Group as made on behalf of Respondent, Whois Privacy Protection Service, Inc. / Whois Agent.
On December 27, 2011, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Alan L. Limbury as Panelist.
Complainant requests that the Domain Names be transferred from Respondent to Complainant.
A. Complainant
Complainant claims United States federally registered trademark rights in THE WEATHER UNDERGROUND, No. 2297683, dated December 7, 1999 and WUNDERGROUND.COM, No. 2324272 dated February 29, 2000. It says each of the Domain Names is confusingly similar to its trademarks and that the Respondent has no rights or legitimate interests in the Domain Names, which were registered and are being used in bad faith.
B. Respondent
Respondent consents to the transfer of the Domain Names to Complainant.
In light of Respondent’s consent to transfer, it is unnecessary for the Panel to make any findings. The Panel has decided to forego the traditional UDRP analysis and order an immediate transfer of the Domain Names. 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.”).
Respondent having consented to the transfer of the Domain Names to Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <wundergrond.com>, <wuinderground.com>, <wynderground.com>, <wubderground.com>, <weunderground.com>, <wundergeound.com>, <wundergriund.com>, <wundergrounds.com>, <wundergrounc.com>, <wundergroudn.com>, <wundergrond.org>, <wundergrounf.com>, <weatherundergrpund.com>, <weratherunderground.com>, and <weatherundergrounc.com> Domain Names be TRANSFERRED from Respondent to Complainant .
Alan L. Limbury, Panelist
Dated: January 6, 2012
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