NATIONAL ARBITRATION FORUM
DECISION
Passion
Parties, Inc. v. Daria Liles
Claim Number: FA0705000982761
PARTIES
Complainant is Passion Parties, Inc. (“Complainant”), represented by Edward E. Hartley, 225 Bush Street, 6th Floor, San Francisco, CA 94104. Respondent is Daria Liles (“Respondent”), 21 Roosevelt Boulevard, East Patchogue, NY 11772.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <passioneparties.com>, registered with Tucows Inc.
PANEL
The undersigned certifies that she has acted independently and impartially and to the best of her knowledge has no known conflict in serving as Panelist in this proceeding.
Sally M. Abel is assigned as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum electronically on May 11, 2007; the National Arbitration Forum received a hard copy of the Complaint on May 14, 2007.
On May 14, 2007, Tucows Inc. confirmed by e-mail to the National Arbitration Forum that the <passioneparties.com> domain name is registered with Tucows Inc. and that Respondent is the current registrant of the name. Tucows Inc. has verified that Respondent is bound by the Tucows Inc. 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 May 18, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of June 7, 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@passioneparties.com by e-mail.
A timely Response was received on June 4, 2007. The Response was deficient under Paragraph 5 of ICANN’s Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) as the Response was not received in hard copy. A hard copy of the Response was received on June 12, 2007, and was deemed complete but considered untimely as it was received after the deadline for the Response submission.
On June 7, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Sally M. Abel as Panelist.
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 <passioneparties.com> domain name is confusingly similar to Complainant’s PASSION PARTIES mark.
2. Respondent does not have any rights or legitimate interests in the <passioneparties.com> domain name.
3. Respondent registered and used the <passioneparties.com> domain name in bad faith.
B. Respondent, in its technically untimely Response, says it acted in good faith, but does not deny or respond substantially to Complainant’s contentions. Rather, Respondent requests that the domain name be transferred to Complainant.
FINDINGS
The Panel will not make any findings of fact, for the reasons explained below.
DISCUSSION
The Panel must
first consider whether to accept Respondent’s untimely Response. Respondent failed to timely submit its
Response in accordance with Paragraph 5 of the Rules. However, the Panel has discretion whether or
not to consider Respondent’s submission, and
chooses to do so here. See Paragraph 10 of the Rules and
Telstra Corp. Ltd. v.
By requesting that the domain name be transferred to Complainant, Respondent stipulates to Complainant’s request for relief, and therefore, it is not necessary for the Panel to decide the dispute using the traditional UDRP analysis. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. — Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003).
DECISION
The Panel concludes that relief shall be GRANTED based on stipulation of Respondent.
Accordingly, it is Ordered that the <passioneparties.com>
domain name be TRANSFERRED from Respondent
to Complainant.
Sally M. Abel, Panelist
Dated: June 18, 2007
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