Restoration Hardware, Inc. v. Sandra Yackolow / Marblehead Consulting
Claim Number: FA1207001452027
Complainant is Restoration Hardware, Inc. (“Complainant”), represented by Maxim A. Voltchenko of Duane Morris LLP, Pennsylvania, USA. Respondent is Sandra Yackolow / Marblehead Consulting (“Respondent”), represented by Barry Yackolow of Marblehead Consulting, Massachusetts, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <restorationhardware.us>, registered with Misk.com, 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.
The Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on July 5, 2012; the National Arbitration Forum received a hard copy of the Complaint on July 10, 2012.
On July 6, 2012, Misk.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <restorationhardware.us> domain name is registered with Misk.com, Inc. and that Respondent is the current registrant of the name. Misk.com, Inc. has verified that Respondent is bound by the Misk.com, Inc. registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with the U.S. Department of Commerce’s usTLD Dispute Resolution Policy (the “Policy”).
On July 10, 2012, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of July 30, 2012 by which Respondent could file a Response to the Complaint, was transmitted to Respondent in compliance with Paragraph 2(a) of the Rules for usTLD Dispute Resolution Policy (the “Rules”).
A timely Response was received and determined to be complete on July 30, 2012.
On August 6, 2012, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed the Honorable Charles K. McCotter, Jr. (Ret.) 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. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the Policy, the Rules, the National Arbitration Forum’s Supplemental Rules and any rules and principles of law that the Panel deems applicable.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
1. Complainant provides home furnishings under the RESTORATION HARDWARE mark.
2. Complainant owns a trademark registration for the RESTORATION HARDWARE mark with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 2,048,579 registered April 1, 1997).
3. Respondent registered the <restorationhardware.us> domain name on May 4, 2002.
4. The disputed domain name is identical to Complainant’s mark.
5. Respondent is not commonly known by the disputed domain name.
6. The disputed domain name resolves to a website displaying a message indicating that the site is “Under the Construction.”
7. Respondent is a serial cybersquatter, currently holding over 1,500 domain names.
8. Respondent has been found to have registered at least two other domain names in bad faith under previous usTLD proceedings.
9. Respondent had actual and constructive notice of Complainant’s rights in the RESTORATION HARDWARE mark prior to Respondent’s registration of the <restorationhardware.us> domain name.
B. Respondent
Respondent consents to transfer the disputed domain name.
Complainant provides home furnishings under the RESTORATION HARDWARE mark. Complainant owns a trademark registration for the RESTORATION HARDWARE mark with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 2,048,579 registered April 1, 1997).
Respondent registered the <restorationhardware.us> domain name on May 4, 2002. The disputed domain name resolves to a website displaying a message indicating that the site is “Under the Construction.” Respondent consents to transfer the disputed domain name.
CONSENT TO TRANSFER
Respondent consents to transfer the <restorationhardware.us> domain name to Complainant. However, after the initiation of this proceeding, Misk.com, Inc. placed a hold on Respondent’s account and therefore Respondent cannot transfer the disputed domain name while this proceeding is still pending. Since Respondent agrees to transfer the domain name in question to Complainant, the Panel will forego the traditional Policy analysis and order an immediate transfer of the <restorationhardware.us> 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 [UDRP].”); 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.”).
The Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <restorationhardware.us> domain name be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.), Panelist
Dated: August 20, 2012
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