Lucifer Lighting Company v. Montanya lLtd
Claim Number: FA0608000787062
PARTIES
Complainant is Lucifer Lighting Company (“Complainant”), represented by Ryan M. Kaatz, of Ladas & Parry, Digital Brands Practice, 224 South Michigan Avenue, Suite 1600, Chicago, IL 60604. Respondent is Montanya lLtd (“Respondent”), represented by Paul Raynor Keating, Balmes 173 2 2, Barcelona 08006 Spain.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <luciferlamps.com>,
registered with Name.com Llc.
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.
Joel Grossman as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on August 30, 2006; the National Arbitration Forum received a
hard copy of the Complaint on August 31, 2006.
On September 5, 2006, Name.com Llc. confirmed by e-mail to the National
Arbitration Forum that the <luciferlamps.com>
domain name is registered with Name.com Llc. and that the Respondent is the
current registrant of the name. Name.com
Llc. has verified that Respondent is bound by the Name.com 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 September 6, 2006, a Notification of Complaint and Commencement of
Administrative Proceeding (the “Commencement Notification”), setting a deadline
of September 26, 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@luciferlamps.com by
e-mail.
A timely Response was received and determined to be complete on September
15, 2006.
On September 21, 2006, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Joel Grossman as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant. Respondent
has stipulated to the transfer of the domain name from Respondent to
Complainant.
PARTIES’ CONTENTIONS
Because Respondent has stipulated to the
transfer of the domain name to Complainant, it is unnecessary for the Panel to
set forth the parties’ contentions, or otherwise engage in a traditional
analysis of the case under the UDRP. See
Boehringer Ingelheim Int’l GmbH v. Modern Ltd—Cayman Web Dev FA 133625
(Nat. Arb. Forum Jan. 9, 2003).
FINDINGS
As noted above, because Respondent has
stipulated to the transfer of the domain name to the Complainant, the Panel
will not engage in a traditional UDRP analysis and set forth findings regarding
the usual UDRP issues. Rather, the
Panel concludes that the domain name must be transferred.
DISCUSSION
In light of the parties’ stipulation that the
domain name be transferred to Complainant, there is no need for a traditional
analysis of the issues under the UDRP.
The Panel is bound to abide by the parties’ wishes and transfer the
domain name to Complainant. See The Body
Shop Int’l plc v. Agri, Lacus, and Caelum LLC FA 679564 (Nat. Arb.
Forum Aug. 2, 2006); see also Malev Hungarian Airlines, Ltd v. Vertical Axis
Inc. FA 212653 (Nat. Arb. Forum June 24,
2005) (“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.”).
Accordingly, the Panel in this case will abide by the parties’ requests
and transfer the domain name from Respondent to Complainant.
DECISION
Because Respondent has stipulated that the domain name be transferred
to Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <luciferlamps.com>
domain name be TRANSFERRED from Respondent to Complainant.
Joel Grossman, Panelist
Dated: October 4, 2006
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