National Arbitration Forum

 

DECISION

 

Warner Bros. Entertainment Inc. v. Dan Willett d/b/a Willett Consulting

Claim Number: FA0605000705263

 

PARTIES

Complainant is Warner Bros. Entertainment Inc. (“Complainant”), represented by J. Andrew Coombs, of J. Andrew Coombs, A Professional Corporation, 450 North Brand Boulevard, Suite 600, Glendale, CA 91203-2349.  Respondent is Dan Willett d/b/a Willett Consulting (“Respondent”), 301 Camp Road, Milner, GA 30257.

 

 

REGISTRAR AND DISPUTED DOMAIN NAME 

The domain name at issue is <tweetybird.org>, registered with Bulk Register.

 

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.

 

David S. Safran, as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on May 12, 2006; the National Arbitration Forum received a hard copy of the Complaint on May 15, 2006.

 

On May 15, 2006, Bulk Register confirmed by e-mail to the National Arbitration Forum that the <tweetybird.org> domain name is registered with Bulk Register and that the Respondent is the current registrant of the name.  Bulk Register has verified that Respondent is bound by the Bulk Register 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 17, 2006, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of June 6, 2006 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@tweetybird.org by e-mail.

 

A Response was received on June 6, 2006 in electronic form only.  Thus, the Forum considers this Response deficient, as it is not in compliance with ICANN Rule #5 (a). 

 

 

On June 12, 2006, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed David S. Safran as Panelist.

 

RELIEF SOUGHT

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

 

PARTIES’ CONTENTIONS

Complaint has alleged that the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; that the Respondent has no rights or legitimate interests in respect of the domain name; and that the domain name has been registered and is being used in bad faith.

 

B. Respondent

Respondent has provided a Response asserting that it is not the owner of the domain name and has no interest in the domain name.  Respondent also claims that the domain name registration for the disputed domain name is expired, and Respondent has no control over the domain name. 

 

Respondent does not contest any of Complainant’s allegations regarding the <tweetybird.org> domain name. 

 

FINDINGS

Respondent does not contest any of Complainant’s allegations regarding the <tweetybird.org> domain name.  The Panel finds that in a circumstance such as this, where Respondent has admitted that it does not have a present or future interest in the disputed domain name and has not contested Complainant’s assertions, the Panel may infer Respondent’s consent to transfer of the disputed domain name, 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 (Nat. Arb. 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 (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.”); see also Disney Enters., Inc. v. Morales, FA 475191 (Nat. Arb. 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

For the reasons set forth above, the Panel concludes that relief shall be GRANTED.

 

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


                                   

 

David S. Safran, Panelist
Dated: June 26, 2006

 

 

 

 

 

 

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