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