State Farm Mutual Automobile Insurance Company v. Gadi Binness
Claim Number: FA1309001521498
Complainant is State Farm Mutual Automobile Insurance Company (“Complain-ant”), represented by Sherri Dunbar of State Farm Mutual Automobile Insurance Company, Illinois, USA. Respondent is Gadi Binness (“Respondent”), New Jersey, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <movinginsurancestatefarm.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 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 September 26, 2013; the National Arbitration Forum received payment on September 26, 2013.
On September 26, 2013, GODADDY.COM, LLC confirmed by e-mail to the Nat-ional Arbitration Forum that the <movinginsurancestatefarm.com> domain name is registered with GODADDY.COM, LLC and that Respondent is the current reg-istrant 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 September 27, 2013, the Forum served the Complaint and all Annexes, in-cluding a Written Notice of the Complaint, setting a deadline of October 17, 2013 by which Respondent could file a Response to the Complaint, via e-mail to all en-tities and persons listed on Respondent’s registration as technical, administrat-ive, and billing contacts, and to postmaster@movinginsurancestatefarm.com. Also on September 27, 2013, the Written Notice of the Complaint, notifying Re-spondent 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 re-quirements of the Policy or its associated Rules, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On October 24, 2013, pursuant to Complainant's request to have the dispute de-cided 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 has been engaged in business in the insurance and financial services industries since 1930, and Complainant has rights in the STATE FARM mark, used in connection with the marketing of insurance and financial services.
Complainant has its own website, <statefarm.com>, and has established a nationally recognized presence in its marketplace via television and other media.
Complainant holds registrations for the STATE FARM service mark, on file with the United States Patent and Trademark Office (“USPTO”) (including Registry No. 1,979,585, registered June 11, 1996).
Respondent registered the <movinginsurancestatefarm.com> domain name on December 20, 2012.
The domain name is confusingly similar to Complainant’s STATE FARM mark.
Respondent has not been commonly known by the domain name.
Complainant has not authorized Respondent to use its STATE FARM mark in any way.
The <movinginsurancestatefarm.com> domain name resolves to a parked web page, which displays advertisements with links to websites offering for sale goods and services that compete with the business of Complainant.
Respondent profits from the operation of the web page resolving from the domain name.
Respondent does not have any rights to or legitimate interests in the domain name <movinginsurancestatefarm.com>.
Respondent knew of Complainant and its rights in the STATE FARM mark prior to registering the <movinginsurancestatefarm.com> domain name.
Respondent registered and uses the <movinginsurancestatefarm.com> domain name in bad faith.
B. Respondent
Respondent has failed to submit a Response in this proceeding that is compliant with the requirements of the Policy and its associated Rules. However, in an e-mail message addressed to the National Arbitration Forum, Respondent has recited that: “I will gladly transfer this domain name with no further dispute or discussion.”
DISCUSSION
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 by Respondent 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 up-on the written instructions of the parties to a UDRP proceeding without the need for otherwise required findings and conclusions (see 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’s Response does not contest the material allegations of the Com-plaint, and, in particular, it does not contest Complainant’s request that the dis-puted domain name be transferred to Complainant. Rather Respondent has indicated in a written message to the National Arbitration Forum that it is agree-able to the transfer of the domain name to Complaint “with no further dispute or discussion.” Thus the parties have effectively agreed in writing to a transfer of the subject domain name from Respondent to Complainant without the need for further proceedings.
Accordingly, it is Ordered that the <movinginsurancestatefarm.com> domain name be TRANSFERRED forthwith from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: November 4, 2013
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