OneWest Bank N.A. v. New Ventures Services, New Ventures Services / Domain Manager
Claim Number: FA1507001628724
Complainant is OneWest Bank N.A. (“Complainant”), represented by B. Brett Heavner of Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., District of Columbia, USA. Respondent is New Ventures Services, New Ventures Services / Domain Manager (“Respondent”), represented by Matt McClure, Florida, USA.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <onewestbkonline.com> and <online-onewestbk.com>, registered with Register.com, Inc. and GoDaddy.com, LLC, respectively.
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.
M. Kelly Tillery, Esquire as Panelist.
Complainant submitted a Complaint to the Forum electronically on July 13, 2015; the Forum received payment on July 13, 2015.
On July 14, 2015, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <online-onewestbk.com> domain name was 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 15, 2015, Register.com, Inc. confirmed by e-mail to the Forum that the <onewestbkonline.com> domain name was registered with Register.com, Inc. and that Respondent is the current registrant of the name. Register.com, Inc. has verified that Respondent is bound by the Register.com, Inc. 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 17, 2015, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 6, 2015 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@onewestbkonline.com, postmaster@online-onewestbk.com. Also on July 17, 2015, 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 6, 2015.
An additional submission from Complainant was received on August 11, 2015.
On August 12, 2015, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed M. Kelly Tillery, Esquire as Panelist.
Complainant requests that the domain names be transferred from Respondent to Complainant.
In the instant proceedings, Complainant has alleged that the two different entities which control the domain names at issue are effectively controlled by the same person and/or entity, operating under several aliases. Paragraph 3(c) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) provides that a “complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.” On its face, the Registration for <online-onewestbk.com> indicates a Registrant different from the Registrant for <onewestbkonline.com>. Respondent “New Ventures Services, Corp.”, Registrant for <onewestbkonline.com> denies any affiliation with “Domain Manager,” Registrant for <online-onewestbk.com>.
Complainant argues that two pieces of “evidence” support its claim of identity of Registrants: (1) the domain names are “nearly identical” and (2) they were registered three days apart. Such “evidence” is insufficient to establish identity of Registrants, especially in light of Respondent’s unrebutted denial.
Thus this Panel will address only the first complained of domain name - <onewestbkonline.com>.
A. Complainant
Complainant contends that it owns registered trademarks for OneWest Bank and that the two domain names are confusingly similar thereto.
B. Respondent
Respondent New Venture Services Corp. consents to transfer of <onewestbkonline.com>, but denies any affiliation with Registrant for <online-onewestbk.com>.
Respondent consents to transfer so no findings are necessary. 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.”).
Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."
Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.
Respondent consents to transfer so no findings are necessary.
Respondent consents to transfer so no findings are necessary.
Respondent consents to transfer so no findings are necessary.
As Respondent consents to transfer, the Panel concludes that relief shall be GRANTED as to the domain name <onewestbkonline.com> only.
Accordingly, it is Ordered that the <onewestbkonline.com> domain name be TRANSFERRED from Respondent to Complainant.
The complaint as to <online-onewestbk.com> is dismissed without prejudice.
M. Kelly Tillery, Esquire, Panelist
Dated: August 14, 2015
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