Ann Thinghuus v. Hansen, Darren
Claim Number: FA1902001830895
Complainant is Ann Thinghuus (“Complainant”), Canada. Respondent is Hansen, Darren (“Respondent”), Canada.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <annthinghuus.com>, registered with Network Solutions, LLC.
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.
Michael Albert as Panelist.
Complainant submitted a Complaint to the Forum electronically on February 21, 2019; the Forum received payment on February 21, 2019.
On February 22, 2019, Network Solutions, LLC confirmed by e-mail to the Forum that the <annthinghuus.com> domain name is registered with Network Solutions, LLC and that Respondent is the current registrant of the name. Network Solutions, LLC has verified that Respondent is bound by the Network Solutions, 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 February 28, 2019, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 25, 2019 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@annthinghuus.com. Also on February 28, 2019, 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 March 25, 2019.
On March 27, 2019, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Michael Albert as Panelist.
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.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant contends that the disputed domain name is identical to her first and last names, which she uses in her commercial activity as a visual artist; that the domain name was registered by Respondent, who is her ex-spouse, on her behalf; and that pursuant to a valid separation order of a court, Respondent was ordered to transfer the domain name to her.
B. Respondent
Respondent acknowledges his obligation to transfer the domain name to Complainant, and states that he has made several attempts to do so (which he details in his Response), but that each such attempt has failed as a result of technical difficulties which he has been unable to resolve even after several attempts. At the present time, moreover, a lock has been placed on transfers of the domain name as a result of the present dispute. Accordingly, absent withdrawal of the Complaint, only an order from this Panel can resolve the dispute and cause the transfer to go through.
Preliminary Issue: Consent to Transfer
Respondent consents to transfer the <annthinghuus.com> domain name to
Complainant. After the initiation of this proceeding, however, the Registrar (Network Solutions, LLC) properly placed a hold on Respondent’s account and therefore Respondent cannot transfer the disputed domain name while this proceeding is still pending.
Consent to transfer does not automatically result in a Panel ruling that such transfer shall occur. There are circumstances, for example, in which cybersquatters have sought to use the “consent-to-transfer” approach to avoid adverse findings. See, e.g., In Graebel Van Lines, Inc. v. Tex. Int’l Prop. Assocs., FA 1195954 (Forum July 17, 2008) (even though respondent agreed to transfer, Panel decided that findings should be made under the Policy).
On the facts of this case, however, the Panel finds that both Complainant and Respondent seek compliance with the court order that the domain name be transferred to Complainant without the need for a decision on the merits under the Policy, and that it is proper to do so.
The Panel finds, as a result, that in a circumstance such as this, where Respondent assents to the transfer of the disputed domain name to Complainant, in accordance with the order of a court, and where Complainant likewise seeks such transfer and has not expressly sought findings under the Policy, the Panel will forego the traditional UDRP analysis and order transfer of the <annthinghuus.com> domain name. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Forum Jan. 13, 2004) (same); Disney Enters., Inc. v. Morales, FA 475191 (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.”).
For the foregoing reasons, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <annthinghuus.com> domain name be TRANSFERRED from Respondent to Complainant.
Michael Albert, Panelist
Dated: April 10, 2019
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