National Arbitration Forum

 

DECISION

 

Disney Enterprises, Inc. v. Texas International Property Associates

Claim Number: FA0703000945379

 

PARTIES

Complainant is Disney Enterprises, Inc. (“Complainant”), represented by Annie S. Wang, of J. Andrew Coombs, A Professional Corporation, 450 North Brand Boulevard, Suite 600, Glendale, CA 91203-2349.  Respondent is Texas International Property Associates (“Respondent”), represented by Gary Wayne Tucker, of Law Office of Gary Wayne Tucker, PO Box 703431, Dallas, TX 75370.

 

REGISTRAR AND DISPUTED DOMAIN NAME 

The domain name at issue is <disneycasting.com>, registered with Compana, Llc.

 

PANEL

The undersigned certifies that she has acted independently and impartially and to the best of her knowledge has no known conflict in serving as Panelist in this proceeding.

 

Sandra J. Franklin as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on March 26, 2007; the National Arbitration Forum received a hard copy of the Complaint on March 27, 2007.

 

On April 4, 2007, Compana, Llc confirmed by e-mail to the National Arbitration Forum that the <disneycasting.com> domain name is registered with Compana, Llc and that Respondent is the current registrant of the name.  Compana, Llc has verified that Respondent is bound by the Compana, Llc registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).

 

On April 6, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of April 26, 2007
by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts, and to postmaster@disneycasting.com by e-mail.

 

A timely Response was received and determined to be complete on April 26, 2007.

 

 

On May 3, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Sandra J. Franklin as Panelist.

 

RELIEF SOUGHT

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

 

PARTIES’ CONTENTIONS

A.     Complainant makes the following assertions:

 

1.      Respondent’s <disneycasting.com> domain name is confusingly similar to Complainant’s DISNEY mark.

 

2.      Respondent does not have any rights or legitimate interests in the <disneycasting.com> domain name.

 

3.      Respondent registered and used the <disneycasting.com> domain name in bad faith.

 

B.     Respondent agreed to the transfer of the domain name to Complainant and requested that the Panel refrain from making any specific findings in this case.

 

FINDINGS

The Panel finds that, due to Respondent’s consent and to the famous nature of Complainant Disney’s business activities and marks, it is not necessary, nor would it be instructive, to make a formal analysis in this case.  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 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.”).

 

DECISION

Therefore, the Panel concludes that relief shall be GRANTED.

 

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

 

 

 

Sandra J. Franklin, Panelist
Dated: May 17, 2007

 

 

 

 

 

 

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