National Arbitration Forum

 

DECISION

 

Dollar Financial Group, Inc. v. David Patient and Empowerment Concepts

Claim Number: FA0511000592549

 

PARTIES

Complainant is Dollar Financial Group, Inc. (“Complainant”), represented by Hilary B. Miller, 112 Parsonage Road, Greenwich, CT 06830-3942.  Respondent is David Patient and Empowerment Concepts (“Respondent”), P.O. Box 13043, Nelspruit 1200, Republic of South Africa.

 

REGISTRAR AND DISPUTED DOMAIN NAMES 

The domain names at issue are <cash-til-payday-loan.org>, <cash-till-payday-loan.org> and <cash-until-payday-loan.org>, registered with Go Daddy Software, Inc.

 

PANEL

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.

 

R. Glen Ayers, Jr. served as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on November 8, 2005; the National Arbitration Forum received a hard copy of the Complaint on November 9, 2005.

 

On November 8, 2005, Go Daddy Software, Inc. confirmed by e-mail to the National Arbitration Forum that the <cash-til-payday-loan.org>, <cash-till-payday-loan.org> and <cash-until-payday-loan.org> domain names are registered with Go Daddy Software, Inc. and that the Respondent is the current registrant of the name.  Go Daddy Software, Inc. has verified that Respondent is bound by the Go Daddy Software, Inc. 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 November 9, 2005, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of November 29, 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@cash-til-payday-loan.org, postmaster@cash-till-payday-loan.org and postmaster@cash-until-payday-loan.org by e-mail.

 

A timely Response was received by the deadline of November 11, 2005.  However, the Response was received in electronic format only and therefore was not considered to be in complaince with ICANN Rule #5(a), requiring the Response to be submitted in both electronic and hard copy format. 

 

Nevertheless, the Response has been considered because it indicates that Respondent has no objection to the relief requested. 

 

On November 18, 2005, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed R. Glen Ayers, Jr. as Panelist.

 

RELIEF SOUGHT

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

 

PARTIES’ CONTENTIONS

A. Complainant

Complainant has shown that it has registered – as a trademark –CASH TIL PAYDAY with the USPTO.  It complains of three domain names, <cash-till-payday-loan.org>, <cash-till-payday-loan.org>, and <cash-till-payday-loan.org>.  These are either identical to or confusingly similar.

 

B. Respondent

Respondent, a resident of South Africa, forwarded an e-mail response stating:  “I do not seek to contest the dispute, and I apologize for the oversight.  I was not aware that the terms were anything else than common English usage search terms in this market.” 

 

FINDINGS

Even though Respondent denies some of the factual allegations of the Complaint, Respondent states that it does not seek to contest the dispute regarding the registration of the <cash-til-payday-loan.org>, <cash-till-payday-loan.org> and <cash-until-payday-loan.org> domain names.  Respondent stipulates to the transfer of the disputed domain names registrations to Complainant. 

 

The Panelist finds where such a stipulation is made, the Panelist may simply transfer the domain names.  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.”).

 

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.

 

Identical and/or Confusingly Similar

 

Respondent has stipulated that it has no objection to the domain name transfer.  A finding is therefore entered for Complaint. 

 

Rights or Legitimate Interests

 

Respondent has stipulated that it has no objection to the domain name transfer.  A finding is therefore entered for Complaint. 

 

Registration and Use in Bad Faith

 

Respondent has stipulated that it has no objection to the domain name transfer.  A finding is therefore entered for Complaint. 

 

DECISION

Respondent having stipulated to the transfer, and by implication to all three elements required under the ICANN Policy, the Panelist concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <cash-til-payday-loan.org>, <cash-till-payday-loan.org> and <cash-until-payday-loan.org> domain names be TRANSFERRED from Respondent to Complainant.

 

 

                                                                                         

                                          R. GLEN AYERS, JR.

 

                                          DATED:  November 30, 2005

 

 

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