State Farm Mutual Automobile Insurance Company v. Platinum Internet / Rob Palmer
Claim Number: FA1203001436954
Complainant is State Farm Mutual Automobile Insurance Company (“Complainant”), represented by Jeff Saliba of State Farm Mutual Automobile Insurance Company, Illinois, USA. Respondent is Platinum Internet / Rob Palmer (“Respondent”), Australia.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <mystatefarminsurancequotes.com>, registered with eNom, 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 March 28, 2012; the National Arbitration Forum received payment on March 28, 2012.
On March 29, 2012, eNom, Inc. confirmed by e-mail to the National Arbitration Forum that the <mystatefarminsurancequotes.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 March 30, 2012, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 19, 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@mystatefarminsurancequotes.com. Also on March 30, 2012, 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 timely Response was received and determined to be complete on April 10, 2012.
On April19, 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.
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.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant makes the following contentions:
a) Complainant has rights in the STATE FARM INSURANCE mark, which it uses in connection with insurance and financial services;
b) Complainant registered the STATE FARM INSURANCE mark through the United States Patent and Trademark Office (“USPTO”) (Reg. No. 1,125,010 registered September 11, 1979);
c) The <mystatefarminsurancequotes.com> domain name is confusingly similar to Complainant’s mark;
d) Respondent is not commonly known by the <mystatefarminsurancequotes.com> domain name;
e) The <mystatefarminsurancequotes.com> domain name previously resolved to a website which provided information on Complainant and its insurance quote process;
f) The <mystatefarminsurancequotes.com> domain name currently resolves to an inactive website;
g) Respondent has not made any demonstrable preparations to use the <mystatefarminsurancequotes.com> domain name;
h) Respondent registered and is using the <mystatefarminsurancequotes.com> domain name in order to create a false association with Complainant in order to attract Internet users and trade off of their mistakes;
i) Respondent had constructive and/or actual knowledge of the STATE FARM INSURANCE mark prior to its registration and use of the <mystatefarminsurancequotes.com> domain name.
B. Respondent
Respondent consents to the transfer of the domain name to Complainant.
The Panel finds under the factual circumstances of this case where Respondent consents to the transfer of the disputed domain name to Complainant, no formal analysis under the Policy is necessary, and the domain name is transferred as the parties request.
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.
Preliminary Issue: Consent to Transfer
Respondent consents to transfer the <mystatefarminsurancequotes.com> domain name to Complainant. However, after the initiation of this proceeding, the registrar, 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 decides to forego the traditional UDRP analysis and order an immediate transfer of the <mystatefarminsurancequotes.com> domain name. 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.”).
Both Parties having agreed that the transfer of the domain name from Respondent to Complainant should be made in this proceeding, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <mystatefarminsurancequotes.com> domain name be TRANSFERRED from Respondent to Complainant.
Tyrus R. Atkinson, Jr., Panelist
Dated: April 30, 2012
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