Annemarie Gereis v. Christophe Delhaze
Claim Number: FA1407001570413
Complainant is Annemarie Gereis (“Complainant”), represented by Tony Barber, Australia. Respondent is Christophe Delhaze (“Respondent”), Australia.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <abgereis.com>, registered with GODADDY.COM, LLC.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
Sebastian M W Hughes as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on July 18, 2014; the National Arbitration Forum received payment on July 22, 2014.
On July 18, 2014, GODADDY.COM, LLC confirmed by e-mail to the National Arbitration Forum that the <abgereis.com> domain name is registered with GODADDY.COM, LLC and that Respondent is the current registrant of the name. GODADDY.COM, LLC has verified that Respondent is bound by the GODADDY.COM, LLC registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On July 30, 2014, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 19, 2014 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@abgereis.com. Also on July 30, 2014, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.
A timely Response was received and determined to be complete on August 7, 2014. The Respondent asserted in the Response that:
1. The disputed domain name was deleted from Respondent’s account on July 1, 2014;
2. Complainant was informed on July 17, 2014 that the domain name would be released to the public upon expiration, which was July 1, 2014;
3. GODADDY.COM, LLC acted on its own authority to prevent Complainant from registering the disputed domain name by placing Respondent’s credentials on the disputed domain name without permission, and charged Respondent $50 for an unfounded dispute with Complainant;
4. Respondent does not own the disputed domain name, has no claim over the disputed domain name, and consents to the transfer of the disputed domain name to Complainant.
On August 15, 2014, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Sebastian M W Hughes 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" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2.
Complainant requests that the domain name be transferred from Respondent to Complainant.
As noted above Respondent has consented to the transfer of the disputed domain name to the Complainant. In such circumstances, the Panel considers it is appropriate to forgo the traditional analysis and order the immediate transfer of the disputed domain name. See Disney Enters., Inc. v. Morales, FA 475191 (Nat. Arb. Forum June 24, 2005).
The Panel therefore concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <abgereis.com> domain name be TRANSFERRED from Respondent to Complainant.
Sebastian M W Hughes, Panelist
Dated: August 29, 2014
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page