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DECISION

 

Kohler Co. v. Gene Stone d/b/a All-world Diesel Generator

Claim Number: FA0704000969592

 

PARTIES

Complainant is Kohler Co. (“Complainant”), represented by Paul D. McGrady, of Greenberg Traurig, LLP, 77 West Wacker Drive, Suite 2500, Chicago, IL 60601.  Respondent is Gene Stone d/b/a All-world Diesel Generator (“Respondent”), PO Box 97, Post Falls, ID 83877.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <kohler-gasengines.com>, registered with Schlund+Partner Ag.

 

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.

 

Bruce E. Meyerson as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on April 24, 2007; the National Arbitration Forum received a hard copy of the Complaint on April 25, 2007.

 

On April 30, 2007, Schlund+Partner Ag confirmed by e-mail to the National Arbitration Forum that the <kohler-gasengines.com> domain name is registered with Schlund+Partner Ag and that Respondent is the current registrant of the name.  Schlund+Partner Ag has verified that Respondent is bound by the Schlund+Partner Ag 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 30, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of May 21, 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@kohler-gasengines.com by e-mail.

 

On May 17, 2007, an Order to stay the administrative proceeding was requested by both parties, and approved by the National Arbitration Forum.  On June 28, 2007, a request to lift the stay was requested, and subsequently granted by the National Arbitration Forum.  

 

Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.

 

On July 6, 2007, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Bruce E. Meyerson as Panelist.

 

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent."  Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.

 

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 <kohler-gasengines.com> domain name is confusingly similar to Complainant’s KOHLER mark.

 

2.      Respondent does not have any rights or legitimate interests in the <kohler-gasengines.com> domain name.

 

3.      Respondent registered and used the <kohler-gasengines.com> domain name in bad faith.

 

B.  Respondent failed to submit a Response in this proceeding.

 

FINDINGS

Complainant, Kohler Co., is a provider of, inter alia, engines and generators.  In connection with the provision of these services, Complainant has registered a number of marks with the United States Patent and Trademark Office (“USPTO”) including the KOHLER mark (Reg. No. 167,671 issued May 8, 1923).

 

Respondent registered the disputed domain name on July 6, 2006.  Respondent, without offering a formal Response, consented to transfer the disputed domain name to Complainant.  The disputed domain name resolves to a website featuring links to advertising websites featuring competing products.

 

DISCUSSION

After the Response deadline, Respondent submitted information stating that he does not contest Complainant’s allegations regarding the <kohler-gasengines.com> domain name, but rather consents to judgment in favor of Complainant and has authorized the immediate transfer of the subject domain name to Complainant.  Where a respondent consents to the transfer of a disputed domain name, the Panel may 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 Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); 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.”).

 

DECISION

As Respondent has consented to the transfer of the domain name <kohler-gasengines.com> to Complainant, the Panel concludes that relief shall be GRANTED.

 

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

 

 

 

Bruce E. Meyerson, Panelist

Dated:  July 17, 2007

 

 

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