Metropolitan Life Insurance
Company v. Secure Whois Information Service c/o DNS Admin
Claim Number: FA0702000910715
PARTIES
Complainant is Metropolitan Life Insurance Company (“Complainant”), represented by Heidi C. Constantine, of Metropolitan Life Insurance Company, 1 MetLife Plaza, 27-01 Queens Plaza North, Long Island City, NY 11101. Respondent is Secure Whois Information Service c/o DNS Admin (“Respondent”), represented by Victoria Onyos, 56 Man Gir, Barcelona 08034, Spain.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <metfife.com>, registered with Name.Net LLC.
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.
David E. Sorkin as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on February 5, 2007; the
National Arbitration Forum received a hard copy of the Complaint on February 5, 2007.
On February 6, 2007, Name.Net LLC confirmed by e-mail to the
National Arbitration Forum that the <metfife.com> domain name is
registered with Name.Net LLC and that the
Respondent is the current registrant of the name. Name.Net LLC
has verified that Respondent is bound by the Name.Net
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 February 9, 2007, a
Notification of Complaint and Commencement of Administrative Proceeding (the
“Commencement Notification”), setting a deadline of March 1, 2007 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@metfife.com by e-mail.
A Response, captioned “Response / Stipulation of Transfer,” was received
in hard copy on March 1, 2007. Respondent failed to submit an electronic
version of the Response to the Forum at the address specified in the Forum’s
Supplemental Rule 5(a). The electronic version
of the Response apparently was sent instead to the registrar, which forwarded
it to the Forum on March 1, 2007. The
Panel deems any procedural deficiencies in the submission of the Response to be
inconsequential.
On March 7, 2007, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed David E. Sorkin as Panelist.
On March 8, 2007, the Panel entered a procedural
order noting Respondent’s request that the Panel enter an order transferring
the disputed domain name to Complainant without findings of fact on the
elements set forth in Paragraph 4(a) of the Policy, and directing Complainant
to file any objections to that request no later than March 15, 2007. Complainant did not file an objection pursuant
to the Panel’s procedural order.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
In light of Respondent’s request that the Panel enter an order
transferring the disputed domain name to Complainant without findings of fact
on the elements set forth in Paragraph 4(a) of the Policy, and the lack of any
objection thereto, the Panel declines to set forth or address the Parties’
contentions.
FINDINGS AND DISCUSSION
In light of Respondent’s aforementioned
request and the lack of any objection thereto, the Panel declines to enter
findings in this matter, and grants the Parties’ request that the disputed
domain name be transferred to Complainant.
DECISION
The Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <metfife.com> domain name be TRANSFERRED
from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: March 21, 2007
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