Expedia, Inc. v. Rene Vantverlaat
Claim Number: FA0611000831138
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 Rene Vantverlaat (“Respondent”), 513 NW 73rd Street, Miami 33138, UK.
REGISTRAR AND DISPUTED DOMAIN
NAME
The domain name at issue is <expediareviews.com>, registered with Go Daddy Software, Inc.
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.
Terry F. Peppard as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on November 2, 2006; the National Arbitration Forum received a hard copy of the Complaint on November 6, 2006.
On November 3, 2006, Go Daddy Software, Inc. confirmed by e-mail to the National Arbitration Forum that the <expediareviews.com> domain name is registered with Go Daddy Software, Inc. and that 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 8, 2006, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of November 28, 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@expediareviews.com by e-mail.
Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On December 4, 2006, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Terry F. Peppard as sole Panelist in this proceeding.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions, among others:
Complainant has continuously used the EXPEDIA mark since 1996 in association with its business of providing travel agency services, primarily online travel reservations for destinations around the world.
Complainant’s services include airline, hotel and rental car reservations, vacation planning and ticket sales to major sporting events and entertainment facilities.
Complainant has registered the EXPEDIA mark with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 2,633,295, issued October 8, 2002) and the Office for Harmonization in the Internal Market (“OHIM”) (Reg. No. 2,325,520, issued June 6, 2003).
Respondent’s <expediareviews.com> domain name, which it registered on March 23, 2006, resolves to a website providing reviews of the travel services of Complainant and its competitors.
Respondent’s <expediareviews.com> domain name is confusingly similar to Complainant’s EXPEDIA mark.
Respondent does not have any rights or legitimate interests in the domain name <expediareviews.com>.
Respondent registered and uses the <expediareviews.com> domain name in bad faith.
B. Respondent makes the following assertions, among others:
Respondent is willing to transfer all rights in the disputed domain name to Complainant without the need for further proceedings.
Respondent has consented without reservation to the
immediate transfer of rights in the domain name <expediareviews.com> from Respondent to Complainant.
Paragraph 15(a) of 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."
In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(e), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules. The Panel is entitled to accept all reasonable allegations and inferences set forth in the Complaint as true unless the evidence is clearly contradictory. See Vertical Solutions Mgmt., Inc. v. webnet-marketing, inc., FA 95095 (Nat. Arb. Forum July 31, 2000) (holding that the respondent’s failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also Talk City, Inc. v. Robertson, D2000-0009 (WIPO Feb. 29, 2000): “In the absence of a response, it is appropriate to accept as true all allegations of the Complaint.”
Paragraph 4(a) of the Policy requires that 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 Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) 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’S
CONSENT TO TRANSFER
Respondent does not oppose, but instead consents, in writing and unreservedly, to the requested transfer from Respondent to Complainant of all rights in the domain name <expediareviews.com>. Nothing more is required to permit this Panel to order the transfer as requested. See, for example: Sanofi-Aventis v. Day Corp., D2004-1075 (WIPO Mar. 25, 2005)(citing cases); see also: Qosina Corp. v. Qosmedix Group, D2003-0620 (WIPO Nov. 10, 2003):
The situation in which a respondent has agreed to transfer a domain name
during proceedings has been raised a number of times…. In these cases the Panel has
consistently taken the view that a situation similar to the situation in the
present case is sufficient to deem that the three tests of paragraph 4(a) of
the Uniform Domain Name Dispute Resolution Policy have been met, and has
ordered transfer of the domain name to the Complainant.
It is therefore not necessary for this
Panel to analyze or rule upon the issues raised in the instant Complaint.
DECISION
Respondent having consented to the transfer of rights in the <expediareviews.com> domain name from Respondent to Complainant, the Panel concludes that the relief requested must be GRANTED.
Accordingly, it is Ordered that the <expediareviews.com> domain name be forthwith TRANSFERRED from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: December 15, 2006
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