Association for Black Economic Power v. Jonathan Banks / Me'Lea Connelly
Claim Number: FA1908001858541
Complainant is Association for Black Economic Power (“Complainant”), represented by Katheryn Andresen of Nilan Johnson Lewis, PA, Minnesota, USA. Respondent is Jonathan Banks / Me'Lea Connelly (“Respondent”), Minnesota, USA.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <villagefinancial.org> and <abepmn.org>, registered with GoDaddy.com, LLC.
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.
Carol Stoner, Esq., as Panelist.
Complainant submitted a Complaint to the Forum electronically on August 21, 2019; the Forum received payment on August 21, 2019.
On August 22, 2019, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <villagefinancial.org> and <abepmn.org> domain names are registered with GoDaddy.com, LLC and that Respondent is the current registrant of the names. 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 September 4, 2019, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of September 24, 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@villagefinancial.org, postmaster@abepmn.org. Also on September 4, 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 September 24, 2019.
On September 26, 2019, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Carol Stoner, Esq., 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 names of <villagefinancial.org> and <abepmn.org>, be transferred from Respondent to Complainant.
Preliminary Issues:
In the instant proceedings, Complainant has alleged that the entities which control the domain names at issue are effectively controlled by the same person and/or entity, which is 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.”
Panel rules as follows on the issue of multiple parties and multiple domain names.
In accordance with GoDaddy Verification, <abepmn.org> was registered by Jonathan Banks on February 14, 2017.
Also in accordance with GoDaddy verification, <Village Financial.org> was registered by Me’Lea Connelly on August 31, 2018.
Here, there are two distinct individuals who registered two distinct domain names. Panel does note that GoDaddy shows that both individuals share the same telephone number of 651-472-4392. These individuals may well be acquainted and may have worked for the same, or a related not-for-profit, sharing a similar mission of Black economic empowerment. However, Complaint is not forthcoming with any compelling evidence that domain names are controlled by the same person, under different aliases.
Here, as the two domain names are not registered or controlled by the same domain name holder, the Panel, under the Forum’s Supplemental Rule 4(c), has determined to proceed against one Respondent only, that is, Jonathan Banks.
Under these stated circumstances, Paragraph 4(c) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) require that Panel dismiss one Respondent and the associated domain name from this arbitration hearing. As Complainant’s Complaint and evidence is least translucent with regards to the matter of Respondent Me'Lea Connelly and the domain name of <villagefinancial.org> which she registered with GoDaddy on July 31, 2018, Panel dismisses Respondent Connelly, without prejudice, from this arbitration hearing.
In accordance with Complainant’s Amended Complaint, Exhibit J, Mr. Banks is willing to transfer the disputed domain name. Panel via its UDRP authority and discretion, gives deference to the stated intentions of the parties and the principles of judicial economy, by so ordering the transfer of <abepmn.org> to Complainant, without further UDRP analysis.
A. Complainant
Complainant is a Minnesota non-profit organization that operates under two business names: Association of Black Economic Power and Village Financial Cooperative Credit Union. Complainant has common law rights in the VILLAGE FINANCIAL, VILLAGE FINANCIAL COOPERATIVE, VILLAGE FINANCIAL COOPERATIVE CREDIT UNION and ASSOCIATION OF BLACK ECONOMIC POWER marks. See Amend. Compl. Exs. A, B, C, F and G. Complainant does not contend whether the <villagefinancial.org> and <abepmn.org> domain names are confusingly similar to Complainant’s marks.
Respondent was a former employee of Complainant who used a personal account to register the disputed domain names. Complainant paid for the fees and costs associated with the disputed domain names. Respondent has acted in bad faith as it was ordered to transfer the disputed domain name after it was terminated from Complainant’s organization. Respondent subsequently removed Complainant and its employees’ access to the disputed domain name.
B. Respondent
Respondent is the founder and owner of record for “Blexit,” an organization which founded and financially supported Complainant’s organization. Respondent is also the listed founder of Complainant’s organization. Respondent acquired the domain names to further the work of economic activism and in good faith. There was no established agreement to transfer the ownership of the disputed domain names. The <villagefinancial.org> and <abepmn.org> domain names were registered on July 31, 2018 and February 14, 2017, respectively. See WHOIS.
Panel has concurred with Respondent’s Jonathan’s Bank’s offer to voluntarily transfer the disputed domain name of <abemnp.org> to Complainant, and has so ordered same.
Panel has dismissed Respondent Me’Lea Connelly and her associated disputed domain name of <villagefinancial.org> from this arbitration hearing, without prejudice.
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.
As Respondent Banks, has voluntarily agreed to transfer disputed domain name of <abepmn.org>, no legal findings regarding Policy Paragraph 4(a)(i) will be made.
As Respondent Banks, has voluntarily agreed to transfer disputed domain name of <abepmn.org>, no legal findings regarding Policy Paragraph 4(a)(ii) will be made.
As Respondent Banks, has voluntarily agreed to transfer disputed domain name of <abepmn.org>, no legal findings regarding Policy Paragraph 4(a)(iii) will be made.
Panel has concurred with Respondent’s Jonathan’s Bank’s offer to voluntarily transfer the domain name of <abepmn.org> to Complainant.
Accordingly, it is Ordered that the <abepmn.org> domain name be TRANSFERRED from Respondent Banks to Complainant.
Panel dismisses Respondent Me’Lea Connelly and her associated domain name of <villagefinancial.org> from this arbitration hearing, without prejudice, under Paragraphs 3c and 4c of the Rules for Uniform Domain Dispute Resolution Policy.
Accordingly, it is Ordered that Respondent Me’Lea Connelly and her associated domain name of <villagefinancial.org> be dismissed from this arbitration hearing, without prejudice.
Carol Stoner, Esq., Panelist
Dated: October 10, 2019
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