The Orvis Company, Inc. v.
Claim Number: FA0704000954151
PARTIES
Complainant is The Orvis Company, Inc. (“Complainant”), represented by Sandra
M. Koenig, of Fay Sharpe LLP,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <orvistravel.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 19, 2007, Compana, LLC confirmed by e-mail to the
National Arbitration Forum that the <orvistravel.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 24, 2007, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of May 14, 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@orvistravel.com by e-mail.
A timely Response was received and determined to be complete on
On
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant makes the following assertions:
1. Respondent’s <orvistravel.com> domain name, the domain name at issue, is confusingly similar to Complainant’s registered ORVIS mark and its common law ORVIS TRAVEL mark.
2. Respondent does not have any rights or legitimate interests in the domain name at issue.
3. Respondent registered and used the domain name at issue in bad faith.
B. Respondent submitted a Response which does not contest any of Complainant’s allegations regarding the <orvistravel.com> domain name.
PRELIMINARY ISSUE: Consent to Transfer the
Subject Domain Name
Respondent does not contest any of
Complainant’s allegations regarding the <orvistravel.com> domain
name. Rather, Respondent has
consented to a ruling in favor of Complainant and has authorized the immediate
transfer of the domain name at issue. In
a circumstance such as this, it is appropriate for the Panel to forego the
traditional UDRP analysis and order the immediate transfer of the domain name. 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 <orvistravel.com> domain name be TRANSFERRED
from Respondent to Complainant.
James A. Carmody, Esq., Panelist
Dated: May 31, 2007
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