Expedia, Inc. v. Trevor Armstrong
Claim Number: FA0608000775183
PARTIES
Complainant is Expedia, Inc. (“Complainant”), represented by Sanjiv D. Sarwate, of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, 311 South Wacker Drive, Suite 5000, Chicago, IL 60606. Respondent is Trevor Armstrong (“Respondent”), 11-9036 2087 street, Langley, BC V1M 3K4, Canada.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <expediamastercard.com>,
registered with Wild West Domains, Inc.
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.
Louis E. Condon as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on August 11, 2006; the National Arbitration Forum received a
hard copy of the Complaint on August 14, 2006.
On August 14, 2006, Wild West Domains, Inc. confirmed by e-mail to the
National Arbitration Forum that the <expediamastercard.com>
domain name is registered with Wild West Domains, Inc. and that the Respondent
is the current registrant of the name. Wild
West Domains, Inc. has verified that Respondent is bound by the Wild West
Domains, 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 August 21, 2006, a Notification of Complaint and Commencement of
Administrative Proceeding (the “Commencement Notification”), setting a deadline
of September 11, 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@expediamastercard.com by
e-mail.
A timely Response was received and determined to be complete on September
11, 2006.
On September 19, 2006, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Louis E. Condon as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from Respondent
to Complainant.
A. Complainant
Complainant alleges that:
(1) the domain name registered by the Respondent
is identical or confusingly
similar to Complainant’s trademark and service mark;
(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.
B.
Respondent
Respondent does not contest any of
Complainant’s allegations regarding the <expediamastercard.com> domain name.
Rather, Respondent has consented to judgment
in favor of Complainant and authorized the immediate transfer of the subject domain name.
FINDINGS
Respondent Consents to Transfer the Subject
Domain Name
In
circumstances such as this the Panel may decide 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 (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, it is
Ordered that the <expediamastercard.com> domain name be TRANSFERRED
from Respondent to Complainant.
Louis E. Condon, Panelist
Dated: October 2, 2006
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