NextTen Stauer, LLC v.
Claim Number: FA0702000921983
PARTIES
Complainant is NextTen Stauer, LLC (“Complainant”), represented by David
A. Davenport, of Winthrop & Weinstine, P.A.,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <nexttenstauer.com>, registered with Compana, 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.
Kendall C. Reed as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on February 22, 2007; the
National Arbitration Forum received a hard copy of the Complaint on February 26, 2007.
On March 1, 2007, Compana, LLC confirmed by e-mail to the
National Arbitration Forum that the <nexttenstauer.com> domain name (“Respondent’s
Domain Name) is registered with Compana, LLC
and that the Respondent is the current registrant of the name. Compana, LLC
has verified that Respondent is bound by the Compana,
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 March 7, 2007, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of March 27, 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@nexttenstauer.com by e-mail.
A timely Response was received and determined to be complete on March 27, 2007.
On March 30, 2007, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Kendall C. Reed as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
DISCUSSION
In its response, Respondent agrees to the transfer of Respondent’s
Domain Name to Complainant, and as such, it is not necessary to undertake an analysis
under the Policy. 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
The Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <nexttenstauer.com> domain name be TRANSFERRED
from Respondent to Complainant.
Kendall C. Reed, Panelist
Dated: April 5, 2007
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