InPro electric USA Ltd. v. Altera Electronics
Claim Number: FA1301001482636
Complainant is InPro electric USA Ltd. (“Complainant”), represented by Patrick Kuehl of Husch Blackwell LLP, Missouri, USA. Respondent is Altera Electronics (“Respondent”), Tennessee, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <inproelectric.com>, registered with GoDaddy.com, LLC.
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.
Debrett G. Lyons as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on January 29, 2013; the National Arbitration Forum received payment on January 29, 2013.
On January 30, 2013, GoDaddy.com, LLC confirmed by e-mail to the National Arbitration Forum that the <inproelectric.com> domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. 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 February 1, 2013, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 21, 2013 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@inproelectric.com. Also on February 1, 2013, 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 formal response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On February 18, 2013, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Debrett G. Lyons 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. The Panel has issued 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 deemed applicable, without the benefit of a formal response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant asserts trademark rights in the term INPRO ELECTRIC and alleges that the disputed domain name is identical to its trademark.
Complainant alleges that Respondent has no rights or legitimate interests in the disputed domain name.
Complainant alleges that Respondent registered and used the disputed domain name in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding but has consented to transfer of the disputed domain name to Complainant.
The factual findings pertinent to the decision in this case are that:
1. Complainant alleges common law trademark rights in INPRO ELECTRIC.
2. The disputed domain name was registered on January 7, 2013.
3. Respondent is an alias for an individual who is a former employee of Complainant.
4. Respondent has consented to transfer of the disputed domain name.
5. Complainant has accepted transfer of the domain name.
Respondent did not submit a formal Response but alleges that it offered to transfer the disputed domain name to Complainant. On February 2, 2013, the Forum received an email stating: “You are certainly wasting a lot of time and resources. I have already told them 4 days ago that they can have the domain. It has already served it's purpose. I don't want to be bothered with this administrative ****”.
At this point the domain name is “locked” and so Respondent is unable to itself transfer the disputed domain name to Complainant or to anyone else. There being no evidence that Respondent in fact made that offer to Complainant and no evidence that Complainant agreed to accept the offer (if made), Panel issued on March 11, 2013 an Order inviting Complainant to accept or decline the offer of transfer. On March 12, 2012, Complainant responded to the Order indicating its consent to transfer of the domain name. Accordingly, Panel has no further mandate and proceeds directly to its decision.
It is Ordered that the <inproelectric.com> domain name be TRANSFERRED from Respondent to Complainant.
Debrett G. Lyons, Panelist
Dated: March 12, 2012
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