National Arbitration Forum

 

DECISION

 

California Academy of Sciences v. Texas International Property Associates

Claim Number: FA0703000944494

 

PARTIES

Complainant is California Academy of Sciences (“Complainant”), represented by Doyle B. Johnson, of Reed Smith LLP, Two Embarcadero Center, Suite 2000, San Francisco, CA 94111.  Respondent is Texas International Property Associates (“Respondent”), represented by Gary Wayne Tucker, of Law Office of Gary Wayne Tucker, P.O. Box 703431, Dallas, TX 75370.

 

REGISTRAR AND DISPUTED DOMAIN NAME 

The domain name at issue is <californiaacademyofsciences.com>, registered with Compana, 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.

 

Hon. Sir Ian Barker, QC as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on March 21, 2007; the National Arbitration Forum received a hard copy of the Complaint on March 22, 2007.

 

On March 26, 2007, Compana, LLC confirmed by e-mail to the National Arbitration Forum that the <californiaacademyofsciences.com> domain name is registered with Compana, LLC and that 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 April 4, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of April 24, 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@californiaacademyofsciences.com by e-mail.

 

A timely Response was received and determined to be complete on April 24, 2007.

 

On May 1, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Hon. Sir Ian Barker as Panelist.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PARTIES’ CONTENTIONS

A. Complainant

 

Complainant is the owner of a United States registered trademark for the words ‘CALIFORNIA ACADEMY OF SCIENCES.’  The trademark registration has been in effect for 23 years.

 

Complainant operates one of the largest museums of natural history in the world.  Since 1853, it has been promoting its museum and educational services under the name “California Academy of Sciences.”

 

B. Respondent

 

Respondent agrees to the relief requested by Complainant.  It does not make any admission of the three elements of Paragraph 4(a) of the Policy but offers a “unilateral consent to transfer.”

 

DISCUSSION

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.”

 

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:

 

(1)   the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights;

(2)   Respondent has no rights or legitimate interests in respect of the domain name; and

(3)   the domain name has been registered and is being used in bad faith.

 

However, where a respondent has admitted that it does not have a past, present or future interest in the disputed domain name and has consented to the transfer of the disputed domain name, the Panel may forego the traditional UDRP analysis and order the immediate transfer of the disputed domain name.  See Tex. Med. Ctr. v. Spinder, FA 886496 (Nat. Arb. Forum Feb. 19, 2007) (foregoing the traditional Policy analysis where the respondent stipulated to the transfer of the disputed domain names to the complainant); see also Richard Simon Jocelyn Peter Adams v. Truth About Jos, FA 907564 (Nat. Arb. Forum Mar. 9, 2007) (concluding that when a respondent stipulates to the transfer of the disputed domain name in its response or expresses a willingness to transfer the disputed domain name to the complainant, the Panel can forego an analysis of the Policy and order the immediate transfer of the disputed domain name); see also Metro. Life Ins. Co. v. Secure Whois Info. Serv., FA 910715 (Nat. Arb. Forum Mar. 16, 2007) (“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.”).

 

The same approach can be found in WIPO decisions such as Williams-Sonoma Inc. v. VEZ-Port, D2000-0207 (WIPO May 8, 2000) and Slumberland France v. Chadia Acohuri, D2000‑0195 (WIPO June 14, 2000).

 

DECISION

Because of Respondent’s acknowledgment and the above authorities, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <californiaacademyofsciences.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Hon. Sir Ian Barker, QC Panelist
Dated: May 15, 2007

 

 

 

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