PSC Management Limited Partnership v. PSC
Management Limited Partnership
Claim Number: FA0504000467747
PARTIES
Complainant
is PSC Management Limited Partnership (“Complainant”),
represented by Cathryn Berryman, of Jenkens & Gilchrist, A Professional Corporation, 1445 Ross Ave., Suite 3700, Dallas,
TX 75202. Respondent is PSC Management Limited Partnership (“Respondent”),
represented by Cheryl A. Setzer,
2300 West Plano Parkway, Plano, TX 75075.
REGISTRAR AND DISPUTED DOMAIN NAME
The
domain name at issue is <hclperotsystems.com>,
registered with Compana, 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.
The
Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
PROCEDURAL HISTORY
Complainant
submitted a Complaint to the National Arbitration Forum electronically on April
26, 2005; the National Arbitration Forum received a hard copy of the Complaint
on April 28, 2005.
On
May 2, 2005, Compana, Llc confirmed by e-mail to the National Arbitration Forum
that the domain name <hclperotsystems.com>
is registered with Compana, Llc and that the 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
May 11, 2005, a Notification of Complaint and Commencement of Administrative
Proceeding (the “Commencement Notification”), setting a deadline of May 31,
2005 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@hclperotsystems.com by e-mail.
A
timely Response was received and determined to be complete on May 18, 2005.
On May 23, 2005, pursuant to Complainant’s request to
have the dispute decided by a single-member
Panel, the National Arbitration Forum
appointed the Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
RELIEF SOUGHT
Complainant
requests that the domain name be transferred from Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant, PSC Management Limited Partnership, contends that
1. Respondent’s <hclperotsystems.com> domain name is confusingly similar to
Complainant’s various registered
trademarks, including PEROT SYSTEMS, PEROTSYSTEMS (stylized), PEROT.COM, and
PEROTSYSTEMS.COM, collectively referred to as the Perot Marks.
2. Respondent does not have any rights or
legitimate interests in the <hclperotsystems.com>
domain name.
3.
Respondent registered and used the <hclperotsystems.com>
domain name in bad faith.
B.
Respondent, PSC Management Limited
Partnership, has stipulated that the domain name may be transferred to
Complainant.
FINDINGS
Perot Systems Corporation (“Perot Systems”) is a
world leader in the field of information technology and business consulting
services, including systems management and systems integration. Through use and development, Perot Systems
has created substantial goodwill and recognition throughout the world using the
Perot Marks. Complainant, PSC
Management Limited Partnership, is a Texas limited Partnership that is wholly
owned by Perot Systems. Complainant is the
owner of the Perot Marks, which are licensed to Perot Systems.
DISCUSSION
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.”
Paragraph
4(a) of the Policy requires that the Complainant must prove each of the
following three elements to obtain an order that a domain name should be
cancelled or transferred:
(1)
the domain
name registered by the Respondent is identical or confusingly similar to a
trademark or service mark in which the Complainant has rights;
(2)
the
Respondent has no rights or legitimate interests in respect of the domain name;
and
(3)
the domain
name has been registered and is being used in bad faith.
Both Complainant and Respondent are listed in WHOIS
as the same party: PSC Management Limited Partnership. Prior to initiation of the Complaint, the
Registrant of the <hclperotsystems.com> domain name
was listed as Manila Industries, Inc.
After Complaint was filed, the WHOIS contact information for the
disputed domain name was changed to “PSC Management Limited Partnership,” so it
would appear that Complainant is the current Registrant of the domain
name. However, the <hclperotsystems.com> domain name is
password protected, and, as such, Complainant is unable to access the domain
name and assert control of it.
Therefore, Complainant filed an amended Complaint
naming itself, PSC Management Limited Partnership, as Respondent, as the
Registrant of the <hclperotsystems.com> domain name is
reflected in WHOIS. Respondent, PSC
Management Limited Partnership, then responded to the Complaint, agreeing to
and authorizing transfer of the domain name to Complainant. The Panel may find that where such a
stipulation is made, the Panel may forgo the usual UDRP analysis and need only
order the transfer of the domain name. 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 Respondent stipulated to the transfer); see
also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat
Arb. 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.”).
DECISION
Having
established all three elements required under the ICANN Policy, the Panel
concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <hclperotsystems.com>
domain name be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr.
(Ret.), Panelist
Dated: June 6, 2005
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