Popular, Inc. v. Terence Tan c/o Success Junction Group
Claim Number: FA0611000846759
Complainant is Popular, Inc. (“Complainant”), represented by Michael
Holihan, of Holihan Law,
REGISTRAR AND DISPUTED DOMAIN
NAME
The domain name at issue is <popular-mortgage.info>, registered with Direct Information Pvt. Ltd. d/b/a PublicDomainRegistry.com.
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
On
On November 30, 2006, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of December 20, 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@popular-mortgage.info by e-mail.
Respondent responded to the Complaint
by electronic communication addressed to the National Arbitration Forum and
dated
Having received no compliant response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent’s Default.
On
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:
Complainant is a Puerto Rican corporation that provides financing, banking and mortgage services to the public.
In connection with its business, Complainant has registered
a number of trademarks with the United States Patent and Trademark Office
(“USPTO”) including the mark POPULAR (Reg. No. 2,991,584, issued
Respondent registered the disputed domain name <popular-mortgage.info> on
That domain name resolves to a website which redirects Internet users to a commercial website with links to business entities that compete with the business of Complainant.
Respondent is neither commonly known by the <popular-mortgage.info> domain name nor authorized to register domain names featuring Complainant’s POPULAR mark.
Respondent’s <popular-mortgage.info> domain name is confusingly similar to Complainant’s POPULAR mark.
Respondent does not have any rights or legitimate interests in the domain name <popular-mortgage.info>.
Respondent registered and used the <popular-mortgage.info> domain name in bad faith.
B.
Respondent failed to submit a compliant Response to the Complaint in
this proceeding. However, it did respond
to the Complaint, by e-mail message addressed to the National Arbitration Forum
dated
Respondent has consented to the transfer of rights in the <popular-mortgage.info> domain name 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 compliant response, the Panel could 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 as 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 a respondent’s failure to respond as required by the Policy 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:
i. the domain name registered by Respondent is identical or confusingly similar to a
trademark or service mark in which Complainant has rights; and
ii. Respondent has no rights or legitimate interests in respect of the domain name; and
iii. the domain name has been registered and is being used in bad faith.
RESPONDENT’S
CONSENT TO TRANSFER
Analysis of these elements of the Policy is customary both
when the Complaint is opposed and when there is no response to the
Complaint. Here, however, Respondent has
responded, even if materially deficiently, and it does not oppose, but instead
consents, in writing, to the requested transfer from Respondent to Complainant of all rights in
the <popular-mortgage.info>
domain name. 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
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 not necessary, therefore, for
this Panel to analyze or rule upon the issues raised in the instant Complaint.
Respondent having consented to the transfer of rights in the <popular-mortgage.info> domain name from Respondent to Complainant, the Panel concludes that the relief requested must be GRANTED.
Accordingly, it is Ordered that the domain name <popular-mortgage.info> be forthwith TRANSFERRED from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: January 10, 2007
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