National Arbitration Forum

 

DECISION

 

Pinal County Community College District v. Pinal County Community College District c/o Domain Administrator

Claim Number: FA0705000993783

 

PARTIES

Complainant is Pinal County Community College District (“Complainant”), represented by Christopher T. Pierson, of Lewis and Roca, LLP, 40 North Central Avenue, Phoenix, AZ 85004.  Respondent is Pinal County Community College District c/o Domain Administrator (“Respondent”).

 

REGISTRAR AND DISPUTED DOMAIN NAME 

The domain name at issue is <centralarizonacollege.com>, registered with Nameview, 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.

 

Sandra J. Franklin as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on May 29, 2007; the National Arbitration Forum received a hard copy of the Complaint on May 31, 2007.

 

On June 11, 2007, Nameview, Inc. confirmed by e-mail to the National Arbitration Forum that the <centralarizonacollege.com> domain name is registered with Nameview, Inc. and that Respondent is the current registrant of the name.  Nameview, Inc. has verified that Respondent is bound by the Nameview, 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 June 18, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of July 9, 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@centralarizonacollege.com by e-mail.

 

A timely Response was received and determined to be complete on July 9, 2007.

 

On July 13, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Sandra J. Franklin as Panelist.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PARTIES’ CONTENTIONS

A. Complainant states that it owns trademark rights to CENTRAL ARIZONA COLLEGE, that Respondent has no rights in the <centralarizonacollege.com> domain name, and that the domain name was registered and used in bad faith.

 

B. Respondent agrees with all of Complainant’s contentions.

 

FINDINGS

When Complainant initially filed its Complaint on February 20, 2007, Respondent’s WHOIS information for the <centralarizonacollege.com> domain name identified Respondent as “CENTRALARIZONACOLLEGE.COM c/o Whois Identity Shield.”  Shortly thereafter, the WHOIS information was updated to reflect “Pinal County Community College District c/o Domain Administrator” as the registrant of the disputed domain name.  As a result, it appears that Complainant and Respondent are the same entity.  The WHOIS registrant contact information for the disputed domain name is identical to Complainant’s information, and is further evidence that Complainant and Respondent are one and the same.  However, Complainant still does not have access to the <centralarizonacollege.com> domain name.  In light of the circumstances, Complainant, acting as Respondent, chose to submit a Response to the Complaint agreeing to transfer the disputed domain name.

 

Respondent’s activities may be classified as “cyberflying,” a practice of changing the registrant of a domain name before or during a UDRP proceeding in an attempt to disrupt the proceeding and circumvent the Policy. 

 

In cases in which the respondent purports to transfer the contested domain name to the complainant, previous panels have ordered the immediate transfer of the disputed domain name without analyzing the elements of the Policy.  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 Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Arb. Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . .  Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”); 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”).

 

This Panel likewise finds it unnecessary to undertake the usual UDRP analysis in a case where there is full agreement that Complainant should control the <centralarizonacollege.com> domain name, which incorporates its trademark.

 

DECISION

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

 

 

 

 

Sandra J. Franklin, Panelist
Dated: July 23, 2007

 

 

 

 

 

 

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