Hard Rock Cafe International (USA), Inc. v. Floridata
Claim Number: FA1202001428115
Complainant is Hard Rock Cafe International (USA), Inc. (“Complainant”), represented by P. Jay Hines of Cantor Colburn LLP, Virginia, USA. Respondent is Floridata (“Respondent”), represented by Tammy Gail, Florida, USA.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <hardrockuncorked.com> and <seminolehardrockuncorked.com>, registered with GoDaddy.com, Inc.
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.
Tyrus R. Atkinson, Jr., as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on February 3, 2012; the National Arbitration Forum received payment on February 3, 2012.
On February 6, 2012, GoDaddy.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <hardrockuncorked.com> and <seminolehardrockuncorked.com> domain names are registered with GoDaddy.com, Inc. and that Respondent is the current registrant of the names. GoDaddy.com, Inc. has verified that Respondent is bound by the GoDaddy.com, 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 February 8, 2012, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 28, 2012 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@hardrockuncorked.com, postmaster@seminolehardrockuncorked.com. Also on February 8, 2012, 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 February 27, 2012.
On March 7, 2012, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Tyrus R. Atkinson, Jr., as Panelist.
Complainant requests that the domain names be transferred from Respondent to Complainant.
A. Complainant
Complainant contends that it has established its rights in the HARD ROCK mark by registering it with the United States Patent and Trademark Office in 2001.
Complainant contends further that Respondent’s <hardrockuncorked.com> and <seminolehardrockuncorked.com> domain names are confusingly similar to its HARD ROCK mark.
Complainant argues that Respondent registered and used the domain names in bad faith.
B. Respondent
Respondent consents to the transfer of the <hardrockuncorked.com> and the <seminolehardrockuncorked.com> domain names to the Complainant.
Respondent’s consent to transfer of the disputed domain names to Complainant authorizes this Panel to order the immediate transfer of the disputed domains to the Complainant.
Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."
Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
Respondent consents to transfer the <hardrockuncorked.com> and <seminolehardrockuncorked.com> domain names to Complainant. Under this state of the facts, where Respondent does not contest the transfer of the disputed domain names but agrees to transfer the domain names to Complainant, the Panel decides to forego the traditional UDRP analysis and order an immediate transfer of the <hardrockuncorked.com> and the <seminolehardrockuncorked.com> domain names. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd.-Caymam Web Dev., FA133625 (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).
Accordingly, it is Ordered that the <hardrockuncorked.com> and <seminolehardrockuncorked.com> domain names be TRANSFERRED from Respondent to Complainant .
Tyrus R. Atkinson, Jr., Panelist
Dated: March 16, 2012
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