Cambridge Nutritional Foods Limited v. Radoslav Yovchev
Claim Number: FA1512001652652
Complainant is Cambridge Nutritional Foods Limited (“Complainant”), represented by Matthew Shaw of Forresters, United Kingdom. Respondent is Radoslav Yovchev (“Respondent”), Bulgaria.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <cambridgeweightplan.info>, registered with Tucows Domains Inc.
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.
Kenneth L. Port as Panelist.
Complainant submitted a Complaint to the Forum electronically on December 16, 2015; the Forum received payment on December 16, 2015.
On December 16, 2015, Tucows Domains Inc. confirmed by e-mail to the Forum that the <cambridgeweightplan.info> domain name is registered with Tucows Domains Inc. and that Respondent is the current registrant of the name. Tucows Domains Inc. has verified that Respondent is bound by the Tucows Domains Inc. 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 December 17, 2015, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of January 6, 2016 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@cambridgeweightplan.info. Also on December 17, 2015, 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, the Forum transmitted to the parties a Notification of Respondent Default.
On January 11, 2016, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Kenneth L. Port as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the 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. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the 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 uses the CAMBRIDGE WEIGHT PLAN mark in connection with its business in the weight loss and nutrition industry. Complainant has registered the CAMBRIDGE WEIGHT LOSS mark with the likes of the European Union’s Office for Harmonization in the Internal Market (“OHIM”) (e.g., Reg. No. 008445678, registered August 6, 2010), which demonstrates rights in the mark. Respondent’s <cambridgeweightplan.info> domain name is confusingly similar to the CAMBRIDGE WEIGHT PLAN mark as it incorporates the mark in its entirety while eliminating spacing and between words, and adding the generic top-domain (“gTLD”) “.info.”
Respondent has no rights or legitimate interest in the <cambridgeweightplan.info> domain name. Respondent is not commonly known by the disputed domain name. Further, Respondent is making neither a bona fide offering of goods or services, nor a legitimate noncommercial or fair use through <cambridgeweightplan.info> domain name. Rather the domain name resolves to a website offering the domain name for sale.
Respondent is using the <cambridgeweightplan.info> domain name in bad faith. The disputed domain name currently resolves to an offer to sell by Respondent. Furthermore, Respondent registered the disputed domain name with actual knowledge of the CAMBRIDGE WEIGHT PLAN mark and Complainants rights in the mark.
B. Respondent
On December 21, 2015, the Respondent submitted an e-mail communication to the Forum which stated in total the following:
Hello,
I do not have claims for this domain name and I am willing to transfer the ownership to Cambridge Nutritional Foods Limited.
I can't make any changes at the moment and I cannot demand EPP Key because the domain name is locked. You may inform me how to proceed.
Respondent failed to otherwise submit a Response in this proceeding. The <cambridgeweightplan.info> domain name was registered on October 6, 2015.
Respondent consents to transfer the <cambridgeweightplan.info> domain name to Complainant. However, after the initiation of this proceeding, Tucows Domains Inc. placed a hold on Respondent’s account and therefore Respondent cannot transfer the disputed domain name while this proceeding is still pending. In these circumstances, where Respondent has not contested the transfer of the disputed domain name but instead agrees to transfer the domain name in question to Complainant, the Panel will forego the traditional UDRP analysis and hereby orders an immediate transfer of the <cambridgeweightplan.info> domain name.
As the Respondent has consented to the transfer of the disputed domain, the Panel concludes that relief shall be granted.
Accordingly, it is Ordered that the <cambridgeweightplan.info> domain name be transferred from the Respondent to the Complainant.
Kenneth L. Port, Panelist
Dated: January 12, 2016
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