national arbitration forum

DECISION

David Chambers v. Concrete Specialists Ltd.

Claim Number: FA1203001436743

PARTIES

Complainant is David Chambers (“Complainant”), represented by Ronald J. Lindholm, Canada. Respondent is Concrete Specialists Ltd. (“Respondent”), represented by William R. Stemp of Stemp & Company, Canada.

REGISTRAR AND DISPUTED DOMAIN NAMES

The domain names at issue are <albertafoundationandconcretelifting.com> and <albertafoundationconcretelifting.com>, registered with GoDaddy.com, LLC.

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.

Dr. Katalin Szamosi as Panelist.

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on March 27, 2012; the National Arbitration Forum received payment on May 1, 2012.

On May 2, 2012, GoDaddy.com, LLC confirmed by e-mail to the National Arbitration Forum that the <albertafoundationandconcretelifting.com> and <albertafoundationconcretelifting.com> domain names are registered with GoDaddy.com, LLC and that Respondent is the current registrant of the names. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, LLC 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 May 3, 2012, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 23, 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@albertafoundationandconcretelifting.com and postmaster@albertafoundationconcretelifting.com. Also on May 3, 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 May 4, 2012.

On May 11, 2012, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed dr. Katalin Szamosi as Panelist.

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.

RELIEF SOUGHT

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

PARTIES' CONTENTIONS

A. Complainant

Complainant asserts that,

it has been operating its business using the ALBERTA FOUNDATION AND CONCRETE LIFTING LTD mark as its corporate name for over 25 years;
Respondent resolves the disputed domain names to its own competing commercial website;
Respondent was fully aware of Complainant and its business name at the time of registration;
Respondent registered the disputed domain names in an attempt to prevent Complainant from using its mark on the Internet;
Respondent registered 19 other domain names that include the names of other competing businesses and is resolving these domains to its own website as well.

B. Respondent

Respondent asserts in its Response that, it has already released the disputed domain names involved in this matter

FINDINGS

The Panel will not make any findings of fact, since Respondent has stated that the domain names have been released and may be transferred to Complainant.

DISCUSSION

Respondent consents to transfer the <albertafoundationandconcretelifting.com> and <albertafoundationconcretelifting.com> domain names to Complainant and submitted a receipt of release of domain names issued by the registrar in this matter, GoDaddy.com, LLC, to verify its intention to relinquish control of the domain names.

Based on the circumstances of the case, the Panel decides to forego the traditional UDRP analysis and order an immediate transfer of the <albertafoundationandconcretelifting.com> and <albertafoundationconcretelifting.com> 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).

The Panel notes that under the Policy the Panel has no right to award costs associated with the procedure to either party, therefore Respondent's request to award the cost of the attorney’s fees cannot be decided upon in this UDRP procedure.

DECISION

Respondent agrees to transfer the domain names in question, therefore the Panel concludes that relief shall be GRANTED.

Accordingly, it is Ordered that the <albertafoundationandconcretelifting.com> and <albertafoundationconcretelifting.com> domain names be TRANSFERRED from Respondent to Complainant.

Dr. Katalin Szamosi, Panelist

Dated: May 25, 2012