national arbitration forum

 

DECISION

 

American Residential Services L.L.C. v. ARS Heating & Cooling

Claim Number: FA1305001500815

 

PARTIES

Complainant is American Residential Services L.L.C. (“Complainant”), represented by P. Jay Hines of Cantor Colburn LLP, Virginia, USA.  Respondent is ARS Heating & Cooling (“Respondent”), represented by Ken Crosson of Crosson Law Group, LLC, Georgia, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <arshvac.com>, registered with Wild West Domains, LLC.

 

PANEL

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.

 

Mark McCormick as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on May 20, 2013; the National Arbitration Forum received payment on May 20, 2013.

 

On May 22, 2013, Wild West Domains, LLC confirmed by e-mail to the National Arbitration Forum that the <arshvac.com> domain names is registered with Wild West Domains, LLC and that Respondent is the current registrant of the name.  Wild West Domains, LLC has verified that Respondent is bound by the Wild West Domains, 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 May 23, 2013, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 12, 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@arshvac.com.  Also on May 23, 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.

 

A timely Response was received and determined to be complete on June 12, 2013.

 

On June 18, 2013, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Mark McCormick 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.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant contends that it owns the ARS mark pursuant to use since 1996 and trademark registrations of the mark as early as February 24, 1998.  Complainant alleges that the disputed domain name <arshvac.com> is confusingly similar to its mark, that Respondent lacks rights or legitimate interests in the mark, and that Respondent registered and uses the mark in bad faith.

 

B. Respondent

Respondent contends it did business under the name Artic Refrigeration Services since 1997 until it changed its name to “Bob’s Heating and Cooling” following receiving a letter from Complainant in 2011 challenging Respondent’s use of the ARS mark.  Respondent admits the similarity of Complainant’s mark to the disputed domain name and that complainant’s rights to the ARS mark are superior.  Respondent denies bad faith and asserts its retention of the domain name was merely for redirection purposes.  Respondent pointed out that it offered to transfer the domain name to Complainant but that Complainant declined the offer.

 

FINDINGS

Complainant has a superior right to the ARS mark.  In view of Respondent’s offer to transfer the disputed domain name to Complainant, the Panel need not make further findings.

 

 

DISCUSSION

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."

 

Because the Panel concludes the disputed domain name should be transferred to Complainant pursuant to Respondent’s consent, the Panel will not address the merits of the Complainant’s allegations under the Policy.  The parties have agreed on the relief that should be ordered even though Complainant elected to have the proceeding run its course rather than accept Respondent’s offer.  Under these circumstances it is reasonable to forego the usual URDP analysis and transfer the disputed domain name to Complainant.  See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003).  No evidence exists that Respondent’s offer to transfer the domain name is motivated by any improper or irregular motive such as was found in Graebel Van Lines, Inc. v. Tex. Int’l Prop. Assocs., FA 1195954 (Nat. Arb. Forum July 17, 2008). 

 

DECISION

The Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <arshvac.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

Mark McCormick , Panelist

Dated:  July 2, 2013

 

 

 

 

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