Bass Pro Intellectual Property, LLC v. Andrew Long
Claim Number: FA1210001465930
Complainant is Bass Pro Intellectual Property, LLC (“Complainant”), represented by Laura C. Gustafson of Pillsbury Winthrop Shaw Pittman, LLP, California, USA. Respondent is Andrew Long (“Respondent”), Louisiana, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <bassprocabelas.com>, registered with 1&1 Internet AG.
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.
Bruce E. Meyerson as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on October 4, 2012; the National Arbitration Forum received payment on October 5, 2012.
On October 10, 2012, 1&1 Internet AG confirmed by e-mail to the National Arbitration Forum that the <bassprocabelas.com> domain name is registered with 1&1 Internet AG and that Respondent is the current registrant of the name. 1&1 Internet AG has verified that Respondent is bound by the 1&1 Internet AG 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 October 10, 2012, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of October 30, 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@bassprocabelas.com. Also on October 10, 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.
Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On November 8, 2012, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Bruce E. Meyerson 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. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant is a sports equipment and outdoor recreation retailer and operates stores throughout the United States. Complainant uses the BASS PRO mark in its operations, and owns the domain name <basspro.com>. Complainant owns trademark registrations for its BASS PRO family of marks, including the BASS PRO mark, with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 2,192,947 registered October 6, 1998). A. Complainant serves over 75 million customers a year and operates over 50 retail stores in 28 states. Complainant is renowned for its wide selection of hunting, fishing, sporting, and outdoor gear offered under the BASS PRO mark. Complainant has used the BASS PRO mark since 1972 and has developed a strong reputation in its brand.
Respondent registered the <bassprocabelas.com> domain name, which resolves to a website that offers links to retailers selling outdoor water sports equipment and information relating to scuba diving. The <bassprocabelas.com> domain name is confusingly similar to Complainant’s BASS PRO mark. Respondent does not have rights or legitimate interests in the disputed domain name, as demonstrated by its failure to make a bona fide offering of goods or services or a legitimate noncommercial or fair use of the domain name. Respondent is not commonly known by the <bassprocabelas.com> domain name nor does it operate a business under the disputed domain name. Respondent registered and uses the domain name in bad faith and with constructive knowledge of Complainant’s rights in the BASS PRO mark.
B. Respondent
Respondent failed to submit a Response in this proceeding.
Respondent consents to the transfer of the domain name at issue in this proceeding.
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.
In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations and inferences set forth in the Complaint as true unless the evidence is clearly contradictory. See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Nat. Arb. Forum July 31, 2000) (holding that the respondent’s failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also Talk City, Inc. v. Robertson, D2000-0009 (WIPO Feb. 29, 2000) (“In the absence of a response, it is appropriate to accept as true all allegations of the Complaint.”).
CONSENT TO TRANSFER
The National Arbitration Forum was copied on documentation submitted from Respondent to Complainant, which is identified in the record as “Other Correspondence.” In this document, Respondent consents to the transfer of the <bassprocabelas.com> domain name to the Complainant.
Thus, the Panel finds that Respondent does consent to transfer the <bassprocabelas.com> domain name to Complainant. However, after the initiation of this proceeding, GoDaddy.com, LLC placed a hold on Respondent’s account and therefore Respondent cannot transfer the disputed domain name while this proceeding is still pending. Accordingly, the Panel will forego the traditional UDRP analysis and order an immediate transfer of the <bassprocabelas.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.”).
As the Respondent has consented to the transfer of the <bassprocabelas.com> domain name to the Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <bassprocabelas.com> domain name be TRANSFERRED from Respondent to Complainant.
Bruce E. Meyerson, Panelist
Dated: November 21, 2012
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page