ER Marks, Inc. and QVC, Inc. v. Robert Reum c/o Amazon Thunder Inc
Claim Number: FA1111001417304
Complainant is ER Marks, Inc. and QVC, Inc. (“Complainant”), represented by Sujata Chaudhri of Cowan, Liebowitz & Latman, P.C., New York, USA. Respondent is Robert Reum c/o Amazon Thunder Inc (“Respondent”), represented by Daniel T. Earle of Shlesinger, Arkwright & Garvey LLP, Virginia, USA.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <qvcshirts.com> and <shirtsqvc.com>, registered with Moniker Online Services, Inc. (the “Disputed Domain Names”).
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.
Kendall C. Reed as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on November 28, 2011; the National Arbitration Forum received payment on November 28, 2011.
On November 29, 2011, Moniker Online Services, Inc. confirmed by e-mail to the National Arbitration Forum that the <qvcshirts.com> and <shirtsqvc.com> domain names are registered with Moniker Online Services, Inc. and that Respondent is the current registrant of the names. Moniker Online Services, Inc. has verified that Respondent is bound by the Moniker Online Services, 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 30, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of December 20, 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@qvcshirts.com and postmaster@shirtsqvc.com. Also on November 30, 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 Response was received and determined to be deficient on December 27, 2011, because it was received after the deadline for filing a Response and without the annexes separated from the Response.
Complainant submitted an Additional Submission that was received by the Forum on December 28, 2011 and deemed in compliance with Supplemental Rule 7.
On December 29, 2011, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Kendall C. Reed as Panelist.
Complainant requests that the domain names be transferred from Respondent to Complainant.
SUMMARY
DISPOSITION UPON RESPONDENT’S AGREEMENT TO TRANSFER THE DISPUTED DOMAIN NAMES
In Respondent’s deficient response, which the Panel accepts in so far as is necessary to reach the following disposition, Respondent consents to the transfer the Disputed Domain Names to Complainant. As a result, the Panel shall forego the traditional UDRP analysis and order an immediate transfer of the Dispute 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.”).
For the foregoing reason the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <qvcshirts.com> and <shirtsqvc.com> domain names be TRANSFERRED from Respondent to Complainant.
Kendall C. Reed, Panelist
Dated: January 9, 2012
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