Remac, L.L.P. v. Bakay Satarov
Claim Number: FA1304001492380
Complainant is Remac, L.L.P. (“Complainant”), represented by Richard J. Groos of Fulbright & Jaworski L.L.P., Texas, USA. Respondent is Bakay Satarov (“Respondent”), Singapore.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <jreneeshoes.org>, registered with Name.com, LLC (R1288-LROR).
The undersigned certifies that he has acted independently and impartially, and, to the best of his knowledge, has no conflict of interests in serving as Panelist in this proceeding.
Terry F. Peppard as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electron-ically on April 1, 2013; the National Arbitration Forum received payment on April 1, 2013.
On April 1, 2013, Name.com, LLC (R1288-LROR) confirmed by e-mail to the Nat-ional Arbitration Forum that the <jreneeshoes.org> domain name is registered with Name.com, LLC (R1288-LROR) and that Respondent is the current regis-trant of the names. Name.com, LLC (R1288-LROR) has verified that Respond-ent is bound by the Name.com, LLC (R1288-LROR) registration agreement, and that it 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 April 2, 2013, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 22, 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@jreneeshoes.org. Also on April 2, 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 response from Respondent which was compliant with the requirements of the Policy and its corresponding Rules, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On May 1, 2013, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Terry F. Peppard as sole Panelist in this proceeding.
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 Not-ices, 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 the owner of the J RENEE trademark, which it uses in connection with the marketing of footwear and other apparel for women.
Complainant holds registrations, on file with the United States Patent and Trade-mark Office (“USPTO”) for the J RENEE mark (including Reg. No. 1,186,756, registered January 19, 1982).
Respondent registered the contested <jreneeshoes.org> domain name on February 14, 2010.
The domain name is confusingly similar to the J RENEE mark.
Respondent has not been commonly known by the domain name.
The website resolving from the <jreneeshoes.org> domain name purports to offer, and repeatedly refers to, J RENEE women’s footwear and other goods offered by Complainant under the J RENEE mark.
Respondent uses Complainant’s J RENEE trademark in its domain name and
corresponding website for commercial gain through the receipt of “click-through-fees” tracing to the visits of Internet users to that website.
Respondent has no rights to or legitimate interests in the domain name.
Respondent knew of Complainant and its rights in the J RENEE mark at the time it registered and began using the <jreneeshoes.org> domain name.
Respondent registered and used the domain name in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding in compliance with the requirements of the Policy and its corresponding Rules. However, in an e-mail message addressed to the National Arbitration Forum, Respondent has declared as follows: “I don't have plans to retain this domain …. I'll be more than happy to either cancel or transfer it away to their registrar.”
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following to obtain from a Panel an order that a domain name be transferred:
i. the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights;
ii. Respondent has no rights or legitimate interests in respect of the domain name; and
iii. the domain name has been registered and is being used in bad faith.
Notwithstanding the foregoing, Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a complaint on the basis of the statements and documents submitted in accord-ance with the Policy, these Rules and any rules and principles of law that it deems applicable.”
Further, Policy ¶ 3(a) provides for the transfer of a domain name registration upon the written instructions of the parties to a UDRP proceeding without the need for otherwise required findings and conclusions (see, for example, Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Ar. Forum Jan. 13, 2004; see also Disney Enterprises, Inc. v. Morales, FA 475191 (Nat. Arb. Forum Jun. 24, 2005)).
DECISION
Respondent does not contest the allegations of the Complaint filed in this pro-ceeding, and, in particular, it does not contest Complainant’s request that the disputed domain name be transferred to Complainant. Rather Respondent has indicated in a written communication its willingness to have the domain name transferred to Complainant. Thus the parties have effectively agreed in writing to a transfer of the domain name from Respondent to Complainant without the need for further proceedings.
Accordingly, it is Ordered that the <jreneeshoes.org> domain name be forthwith TRANSFERRED from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: May 15, 2013
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