Dell Inc. v. Ashwani kumar
Claim Number: FA1603001666161
Complainant is Dell Inc. (“Complainant”), represented by S. Erik Combs, Texas, USA. Respondent is Ashwani kumar (“Respondent”), India.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <dellsupportcenters.com>, registered with GoDaddy.com, LLC.
The undersigned certifies that he has acted independently and impartially, and, to the best of his knowledge, has no conflict of interests in serving as Panelist in this proceeding.
Terry F. Peppard as Panelist.
Complainant submitted a Complaint to the Forum electronically on March 17, 2016; the Forum received payment on March 17, 2016.
On March 18, 2016, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <dellsupportcenters.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 March 21, 2016, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 11, 2016 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@dellsupportcenters.com. Also on March 21, 2016, 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.
Having received no response from Respondent which was in compliance with the requirements of the Policy and its associated Rules, the Forum transmitted to the parties a Notification of Respondent Default.
On April 15, 2016, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Terry F. Peppard as sole Panelist in this proceeding.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the 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. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the 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
Operating under the DELL mark, Complainant is a world leader in the marketing of computers, computer accessories and related products and services.
Complainant holds a registration for the DELL service mark, which is on file with the United States Patent and Trademark Office (“USPTO”) (as Registry No. 2,806,770, registered January 20, 2004).
Respondent registered the <dellsupportcenters.com> domain name on December 23, 2015.
The domain name is confusingly similar to Complainant’s DELL mark.
Respondent has not been commonly known by the domain name.
Respondent is not an authorized service provider of Complainant’s computer repair services.
Complainant has not licensed or otherwise permitted Respondent to use its DELL mark.
Respondent fails to provide a bona fide offering of goods or services by means of or a legitimate noncommercial or fair use of the domain name.
The website resolving from the domain name is an attempt by Respondent to pass itself off as being associated with Complainant, and is being used by Respondent to seek commercial gain by providing services related to those offered by Complainant.
The resolving website is also used by Respondent to deceive Internet users and to phish for their personal information.
Respondent registered the domain name with actual knowledge of Complainant’s rights in the DELL mark.
Respondent registered and uses the domain name in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding that is in compliance with the requirements of the Policy and its attendant Rules. However, in an e-mail message addressed to the Forum, Respondent has recited as follows:
“i m [sic] sending my request to you to please close this domain,” and “I m [sic] requesting you to please block the domain if it is against your rules and regulations.”
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following to obtain from a Panel an order that a domain name be transferred:
i. the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights;
ii. Respondent has no rights to or legitimate interests in respect of the domain name; and
iii. the same domain name has been registered and is being used by Respondent in bad faith.
Notwithstanding the foregoing, Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (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.”
Further, Policy Paragraph 3(a) provides for the transfer of a domain name registration upon the written instructions of the parties to a UDRP proceeding without the need for otherwise required findings and conclusions (see, for example, Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Arb. Forum Jan. 13, 2004). See also Disney Enterprises, Inc. v. Morales, FA 475191 (Nat. Arb. Forum Jun. 24, 2005)).
DECISION
Respondent does not contest the material allegations of the Complaint, and, in particular it does not contest Complainant’s request that the disputed domain name be transferred to Complainant. Rather, Respondent has expressed, in its e-mail correspondence addressed to the Forum, a willingness to have the domain name “closed” or “blocked.” Thus the parties have tacitly agreed in writing to a transfer of the <dellsupportcenters.com> domain name from Respondent to Complainant without the need for further proceedings.
Accordingly, it is Ordered that the <dellsupportcenters.com> domain name be TRANSFERRED forthwith from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: April 19, 2016
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