Whitney National Bank v.
Robert Dickson
Claim Number: FA0703000944255
PARTIES
Complainant is Whitney National Bank (“Complainant”), represented by Raymond
G. Areaux, of Carver, Darden, Koretzky, Tessier, Finn,
Blossman & Areaux, LLC,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <whitneynabank.com>, registered with Melbourne
It, Ltd. d/b/a Internet
Names Worldwide.
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.
Terry F. Peppard 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 23, 2007.
On March 21, 2007, Melbourne It, Ltd. d/b/a Internet Names Worldwide
confirmed by e-mail to the National Arbitration Forum that the <whitneynabank.com>
domain name is registered with Melbourne It,
Ltd. d/b/a Internet Names Worldwide and that Respondent is the current
registrant of the name. Melbourne It, Ltd. d/b/a Internet Names Worldwide
has verified that Respondent is bound by the Melbourne
It, Ltd. d/b/a Internet Names Worldwide 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 28, 2007, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of April 17, 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 by e-mail to postmaster@whitneynabank.com.
A hard copy of the Response was received by the National Arbitration
Forum on April 17, 2007. However, Respondent did not submit a copy of
the Response electronically as required by Supplemental Rule 5(a). Therefore, the National Arbitration Forum
considers the Response to be deficient.
On April 23, 2007, 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.
RELIEF SOUGHT
Complainant requests that the disputed domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Complainant contends, among other things, that:
Complainant has used the WHITNEY and WHITNEY BANK trademarks and
service marks continuously in commerce since its founding in 1883.
Likewise Complainant has used the mark WHITNEY NATIONAL BANK
continuously in commerce for more than ninety (90) years.
The disputed domain name is confusingly similar to Complainant’s marks.
Complainant has never licensed or otherwise authorized Respondent to
use any of its marks for any purpose.
Respondent has no rights to or legitimate interests in the disputed
domain name.
Respondent registered and uses the contested domain name in bad faith.
B. Respondent
Respondent contends, among other things, that:
Respondent did not register the subject domain name, nor did he know
that the domain name had been registered in its name.
Respondent has never claimed any interest in the subject domain name.
The subject domain name is the property of Complainant, and Respondent
has no objection to the immediate transfer of the domain to Complainant.
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant
must prove each of the following to obtain an order that a domain name be
transferred:
i.
the
domain name registered by Respondent is identical or confusingly similar to a
trademark or service mark in which Complainant has rights;
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.
Notwithstanding the foregoing, Paragraph 15(a) of
the Rules for Uniform Domain Name Dispute Resolution Policy (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.”
Further, Policy ¶ 3(a) provides for the transfer of a domain name registration upon the written instructions of the parties to a UDRP proceeding without the need for otherwise required findings and conclusions. See Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Arb. Forum Jan. 13, 2004); see also Disney Enters., Inc. v. Morales, FA 475191 (Nat. Arb. Forum Jun. 24, 2005).
DECISION
The parties have effectively agreed in writing to a transfer of the
subject domain name from Respondent to Complainant without the need for further
proceedings.
It is therefore Ordered that the <whitneynabank.com>
domain name be forthwith TRANSFERRED
from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: May 7, 2007
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