Bad Robot IP, LLC v. Aaron Marz
Claim Number: FA1805001786214
Complainant is Bad Robot IP, LLC (“Complainant”), represented by Halle B. Markus of Venable LLP, District of Columbia, USA. Respondent is Aaron Marz (“Respondent”), Missouri, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <badrobotgames.com>, which is registered with Name.com, 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 May 11, 2018. The Forum received payment on May 11, 2018.
On May 14, 2018, Name.com, Inc. confirmed by e-mail to the Forum that the <badrobotgames.com> domain name is registered with Name.com, Inc. and that Respondent is the current registrant of the name. Name.com, Inc. has verified that Respondent is bound by the Name.com, 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 May 15, 2018, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 4, 2018 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@badrobotgames.com. Also, on May 15, 2018, 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 May 21, 2018.
On May 22, 2018, 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 employs the BAD ROBOT mark in connection with the production and distribution of well-known television series.
Complainant holds a registration for the BAD ROBOT trademark and service mark, which is on file with the United States Patent and Trademark Office (“USPTO”) as Registry No. 4,902,170, registered September 3, 2016.
Respondent registered the domain name <badrobotgames.com> on February 18, 2018.
The domain name is confusingly similar to Complainant’s BAD ROBOT mark.
Respondent is not licensed or otherwise permitted to use Complainant’s BAD ROBOT mark.
Respondent has not been commonly known by the domain name.
Respondent is not using the domain name in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use.
Rather, the domain name resolves to a website that features a “link farm,” a cluster of hyperlinks that redirect Internet users to third-party websites that compete with the business of Complainant.
Respondent has no rights to or legitimate interests in the domain name.
Respondent had knowledge of Complainant’s rights in the BAD ROBOT mark prior to registering the domain name.
Respondent registered and is using the domain name in bad faith.
B. Respondent
In its response to the Complaint, Respondent recites as follows:
“I will freely transfer the domain to the … party [Complainant]….”
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 a decision 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, for example, Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Forum January 13, 2004:
In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.
See also Disney Enterprises, Inc. v. Morales, FA 475191 (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
Respondent does not contest the material allegations of the Complaint, and, in particular it does not contest Complainant’s request that the domain name <badrobotgames.com> be transferred to Complainant. Rather, in the face of Complainant’s written demand that the domain name be transferred to it, Respondent has expressed in writing its willingness to surrender it. The parties have thus 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 <badrobotgames.com> domain name be forthwith TRANSFERRED from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: May 25, 2018
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