Enable Engineering Co., Inc. v. Nohau Corporation
Claim Number: FA0704000971481
Complainant is Enable Engineering Co., Inc. (“Complainant”), represented by Anne
E. Kearns of Krieg, Keller, Sloan, Reilley & Roman
LLP, 114 Sansome Street, 4th Floor, San Francisco, CA 94104. Respondent is Nohau Corporation (“Respondent”),
REGISTRAR AND DISPUTED DOMAIN
NAME
The domain name at issue is <nohau.com>, registered with Register.com, Inc.
The undersigned certifies that she has acted independently and impartially and that to the best of her knowledge she has no known conflict in serving as Panelist in this proceeding. Hon. Carolyn Marks Johnson sits as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically April 26, 2007; the National Arbitration Forum received a hard copy of the Complaint April 27, 2007.
On April 27, 2007, Register.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <nohau.com> domain name is registered with Register.com, Inc. and that Respondent is the current registrant of the name. Register.com, Inc. verified that Respondent is bound by the Register.com, Inc. registration agreement and thereby has agreed to resolve domain-name disputes brought by third parties in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy (the "Policy").
On May 7, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of May 29, 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@nohau.com by e-mail.
Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On June 1, 2007, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Hon. Carolyn Marks Johnson as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum 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.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
1. The domain name that Respondent registered, <nohau.com>, is identical to Complainant’s NOHAU.COM mark.
2. Respondent has no rights to or legitimate interests in the <nohau.com> domain name.
3. Respondent registered and used the <nohau.com> domain name in bad faith.
B. Respondent failed to submit a Response in this proceeding.
Complainant, Enable Engineering Co., Inc., purchased the disputed domain name from Respondent during bankruptcy proceedings. Respondent has not transferred the disputed domain name registration to Complainant. In an e-mail dated May 7, 2007, a representative for Respondent asserted that Respondent does not dispute any of the allegations set forth in the Complaint.
Respondent registered the disputed domain name July 21, 1995. The disputed domain name resolves to a website that is used to support technical questions and information for its user base, as well as to provide current software to download.
PRELIMINARY
ISSUE: Consent to Transfer the Subject Domain Name
Respondent has admitted that it does not contest Complainant’s allegations regarding the disputed domain name. As a result, the Panel finds that it will forego the traditional UDRP analysis and order the immediate transfer of the disputed domain name registration to Complainant. See The Royal Bank of Scotland Group plc v. rbspayments, FA 728805 (Nat. Arb. Forum Jul. 7, 2006) (transferring the <rbspayments.com> domain name where the respondent agreed to transfer and did not contest any of the complainant’s allegations); see also 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 transfer).
Therefore, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <nohau.com> domain name be TRANSFERRED from Respondent to Complainant.
Hon. Carolyn Marks Johnson, Panelist
Dated: June 13, 2007.
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