DECISION

 

Partners HealthCare System, Inc. / The General Hospital Corporation / Brigham Health, Inc. / The Brigham and Women's Hospital, Inc. v. John McCall

Claim Number: FA2003001888493

 

PARTIES

Complainant is Partners HealthCare System, Inc. / The General Hospital Corporation / Brigham Health, Inc. / The Brigham and Women's Hospital, Inc. (“Complainant”), represented by Timothy H. Hiebert, Massachusetts, USA.  Respondent is John McCall (“Respondent”), Massachusetts, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <massgeneralbrigham.net>, registered with Google LLC.

 

PANEL

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

 

Lars Karnøe as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the Forum electronically on March 16, 2020; the Forum received payment on March 16, 2020.

 

On March 18, 2020, Google LLC confirmed by e-mail to the Forum that the <massgeneralbrigham.net> domain name is registered with Google LLC and that Respondent is the current registrant of the name.  Google LLC has verified that Respondent is bound by the Google 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 March 20, 2020, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 9, 2020 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@massgeneralbrigham.net.  Also on March 20, 2020, 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 March 20, 2020.

 

On March 25, 2020, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Lars Karnøe 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.

 

RELIEF SOUGHT

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

 

PARTIES' CONTENTIONS

A. Complainant

Complainant is a hospital and physician’s network which includes community and specialty hospitals, a health insurance plan, a physician network, community health centers, home care and long-term care providers, and other health care entities. Complainant has rights in the MASSGENERAL and BRIGHAM marks through its registration of the mark with the United States Patent and Trademark Office (“USPTO”) and with China’s Trademark Office (e.g., Reg. No. 2,149,2066666, registered Apr. 07, 1998). See Amend. Compl. Annexes 1 and 8. Respondent’s <massgeneralbrigham.net> domain name is confusingly similar to Complainant’s mark as Respondent merely combines the two marks.

 

Respondent has no rights or legitimate interests in the <massgeneralbrigham.net>  domain name as Respondent is not commonly known by the disputed domain name nor has Respondent been licensed, authorized, or otherwise permitted by Complainant to use Complainant’s mark. Furthermore, Respondent’s use is not a bona fide offering of goods or services, nor a legitimate noncommercial or fair use, as Respondent is merely passively holding the disputed domain name.

 

Respondent registered and used the disputed domain name in bad faith. Specifically, Respondent registered the disputed domain name opportunistically after Complainant had announce a name change of the hospital. Additionally, Respondent is inactively holding the disputed domain name. Finally, Respondent had actual or constructive knowledge of Complainant’s rights in the MASSGENERAL and BRIGHAM marks at the time of registration.

 

B. Respondent

Respondent consents to transfer the <massgeneralbrigham.net>  domain name. The Panel may note the <massgeneralbrigham.net>  domain name was registered on November 27, 2019.

 

FINDINGS

The panel will not make any findings of fact, for the reasons explained below.

 

DISCUSSION

Respondent does not contest any of Complainant’s allegations regarding the <massgeneralbrigham.net> domain name.  Rather, Respondent has consented to judgment in favor of Complainant and authorizes the immediate transfer of the subject domain name.  Therefore, the Panel decides to forego the traditional UDRP analysis and order the immediate transfer of the domain name.  See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Forum Jan. 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 Enters., 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

Having established that both parties consent to a transfer of the <massgeneralbrigham.net> domain name under the ICANN Policy, the Panel concludes that relief shall be GRANTED.

 

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

 

 

Lars Karnøe, Panelist

Dated:  1 April 2020

 

 

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