Allan Dameron Realty, Inc.
and
Claim Number: FA0703000944199
PARTIES
Complainant is Allan Dameron Realty, Inc. and Lydia
Dameron (collectively, “Complainant”),
represented by Holly A. Coldiron, 5410
Trinity Road, Suite 400, Raleigh, NC 27607. Respondent is Shane Holden (“Respondent”),
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <allandameronrealty.com>,
<dameronrealty.com>, and <lydiadameron.com>,
registered with Enom, Inc.
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.
Kendall C. Reed as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on March 20, 2007; the
National Arbitration Forum received a hard copy of the Complaint on March 26, 2007.
On March 21, 2007, Enom, Inc. confirmed by e-mail to the National
Arbitration Forum that the <allandameronrealty.com>,
<dameronrealty.com>, and <lydiadameron.com>
domain names are registered with Enom, Inc
(“Respondent’s Domain Names”) and that Respondent is the current
registrant of the name. Enom, Inc. has verified that Respondent is
bound by the Enom, 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 April 3, 2007, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of April 23, 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@allandameronrealty.com, postmaster@dameronrealty.com,
and postmaster@lydiadameron.com by e-mail.
On April 23, 2007, a timely Response was received.
On April 27, 2007, a timely Additional Submission was received from Complainant.
On May 9, 2007, an Additional Response was received from Respondent.
On May 8, 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 Respondent’s Domain Names be transferred from
Respondent to Complainant.
DECISION
In Respondent’s communication dated May 9, 2007, which this Panel
accepts pursuant to ICANN Rule 10 as an Additional Response, it agrees to the
transfer of Respondent’s Domain Names 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.”).
Accordingly, it is Ordered that the <allandameronrealty.com>,
<dameronrealty.com>, and <lydiadameron.com>
domain names be TRANSFERRED from Respondent to Complainant.
Kendall C. Reed, Panelist
Dated: May 21, 2007
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