West Publishing Corporation
v.
Claim Number: FA0703000944496
PARTIES
Complainant is West Publishing Corporation (“Complainant”), represented by Jodi
A. DeSchane, of Faegre & Benson LLP, 2200
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <westlegalcenter.com> and <westllaw.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.
James A. Carmody, Esq., as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on
On April 4, 2007, Compana, LLC confirmed by e-mail to the
National Arbitration Forum that the <westlegalcenter.com> and <westllaw.com>
domain names are registered with Compana, LLC
and that Respondent is the current registrant of the names. 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@westlegalcenter.com and postmaster@westllaw.com
by e-mail.
A timely Response was received and determined to be complete on
On
RELIEF SOUGHT
Complainant requests that the domain names be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A.
Complainant
makes the following assertions:
1.
Respondent’s <westlegalcenter.com> and <westllaw.com> domain names, the domain
names at issue, are confusingly similar to Complainant’s WEST,
2. Respondent does not have any rights or legitimate interests in the <westlegalcenter.com> and <westllaw.com> domain names.
3. Respondent registered and used the domain names at issue in bad faith.
B. Respondent
filed a Response which does not admit or deny any wrongdoing but does not
oppose the relief sought by Complainant.
FINDINGS
Founded in 1872 by John B. West, West
Publishing Corporation (“West”) is the legal profession’s leading provider of
authoritative legal information resources and research technologies. In 1996 West joined The Thomson Corporation,
a leading global provider of integrated information solutions to business and
professional customers. West now forms part of one of The Thomson
Corporation’s four principal global market groups, with over 17,000 employees
and business operations in 24 countries. For over one hundred years Complainant has
been at the leading edge of innovation. Over
the years many of Complainant’s innovations have become synonymous with the
successful practice of law, including West’s classification system of
Over the last hundred and
thirty-five years Complainant has extensively used the mark WEST and a variety
of other marks incorporating the word WEST in connection with its legal products
and services. Complainant holds numerous
Respondent is not commonly known by the domain names at issue and has not been licensed or otherwise been given authority to use Complainant’s marks to register domain names or otherwise.
The domain names <westlegalcenter.com> and <westllaw.com> were registered
and are being used by Respondent to redirect Internet users to a site
purporting to be “For resources and information on
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.
Respondent does not contest any of
Complainant’s allegations regarding the <westlegalcenter.com> and <westllaw.com> domain names.
Rather, Respondent has consented to a decision in favor of
Complainant and authorized the immediate transfer of the subject domain
names. In a circumstance such as
this, in which Respondent has consented to the transfer of the disputed domain
names, the Panel decides to forego the traditional UDRP analysis and orders the
immediate transfer of the domain names. See
Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625
(Nat. Arb. Forum
DECISION
Therefore, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <westlegalcenter.com> and <westllaw.com>
domain names be TRANSFERRED from Respondent to Complainant.
James A. Carmody, Esq., Panelist
Dated: May 15, 2007
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