Universal Protein Supplements Corporation d/b/a Universal Nutrition v. JOHNATHAN WARD / THE DEFINITIVE WEB LLC
Claim Number: FA1602001661663
Complainant is Universal Protein Supplements Corporation d/b/a Universal Nutrition (“Complainant”), represented by Craig A. Beaker of Marshall, Gerstein & Borun LLP, Illinois, USA. Respondent is JOHNATHAN WARD / THE DEFINITIVE WEB LLC (“Respondent”), Panama.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <animalpakcoupons.com>, registered with eNom, Inc.
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 Forum electronically on February 19, 2016; the Forum received payment on February 19, 2016.
On February 22, 2016, eNom, Inc. confirmed by e-mail to the Forum that the <animalpakcoupons.com> domain name is registered with eNom, Inc. and that Respondent is the current registrant of the name. eNom, Inc. has verified that Respondent is bound by the eNom, 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 February 22, 2016, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 14, 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@animalpakcoupons.com. Also on February 22, 2016, 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 February 22, 2016.
On February 26, 2016, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Terry F. Peppard as sole Panelist in this proceeding.
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.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant is one of the leading providers of sports nutrition health products in the world.
Complainant holds a registration for the ANIMAL PAK trademark, which is on file with the United States Patent and Trademark Office (“USPTO”) (Registry No. 2,437,306, registered on March 20, 2001).
Respondent registered the domain name <animalpakcoupons.com> on August 26, 2015.
The domain name is confusingly similar to Complainant’s ANIMAL PAK mark.
Respondent has not been commonly known by the domain name.
No business relationship exists between Complainant and Respondent.
Respondent does not have, and never has had, permission to use Complainant’s ANIMAL PAK mark.
Respondent fails to make a bona fide offering of goods or services by means of the domain name or a legitimate noncommercial or fair use of it.
The website resolving from the domain name contains, without Complainant’s consent, information about Complainant’s products, along with links to sellers of those products and of competitive products, from the operation of which website Respondent profits commercially.
Respondent registered the domain name with actual knowledge of Complainant’s rights in the ANIMAL PAK mark.
Respondent registered and uses the domain name in bad faith.
B. Respondent
Respondent has failed to file a response to the Complaint which is compliant with the requirements of the Policy and its attendant Rules. However, in a communication addressed to the Forum, Respondent has recited as follows:
“[I am] willing to transfer the domain name … [to Complainant] with no contest. This is not an admission of guilt or any wrongdoing.”
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following in order 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 to or legitimate interests in respect of the domain name; and
iii. the same 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 accordance 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 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); further see Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003) (transferring a domain name registration where a UDRP respondent stipulated to the transfer)).
DECISION
Respondent does not contest the material allegations of the Complaint, and, in particular, it does not contest Complainant’s request that the domain name <animalpakcoupons.com> be transferred to Complainant. Rather, Respondent has indicated in writing its willingness to have the domain name transferred to Complainant “with no contest.” 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 <animalpakcoupons.com> domain name be TRANSFERRED forthwith from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: February 29, 2016
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