Primerica, Inc. v. Michael Thomas / AdvisorFirst
Claim Number: FA1912001873785
Complainant is Primerica, Inc. (“Complainant”), represented by Primerica, Inc., USA. Respondent is Michael Thomas / AdvisorFirst (“Respondent”), USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <primerica.cc>, registered with Key-Systems GmbH.
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.
Alan L. Limbury as Panelist.
Complainant submitted a Complaint to the Forum electronically on December 4, 2019; the Forum received payment on December 4, 2019.
On December 6, 2019, Key-Systems GmbH confirmed by e-mail to the Forum that the <primerica.cc> domain name is registered with Key-Systems GmbH and that Respondent is the current registrant of the name. Key-Systems GmbH has verified that Respondent is bound by the Key-Systems GmbH 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 December 11, 2019, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of December 31, 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@primerica.cc. Also on December 11, 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 December 13, 2019.
On December 17, 2019, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury as Panelist.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant, Primerica, Inc., provides life insurance, securities brokerage and mutual fund investment services under the trademark PRIMERICA, registered with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 1,501,588, registered Aug. 23, 1988).
Complainant says the domain name, registered on October 1, 2010, is identical or confusingly similar to its PRIMERICA mark and that Respondent has no rights or legitimate interests in the domain name, which was registered and is being used in bad faith.
B. Respondent
Respondent says he is not using the domain name any more and that the Forum can release it.
PRELIMINARY ISSUE
The Panel finds the Response to amount to implicit consent by Respondent to the transfer of the domain name to Complainant. However, after the initiation of this proceeding, Key-Systems GmbH placed the usual hold on Respondent’s account so Respondent cannot transfer the domain name while this proceeding is pending.
As a result, the Panel has decided to forego the traditional UDRP analysis and order an immediate transfer of the <primerica.cc> 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); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (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 (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.”).
Respondent having consented to the transfer of the domain name to Complainant, it is Ordered that the <primerica.cc> domain name be TRANSFERRED from Respondent to Complainant
Alan L. Limbury, Panelist
Dated: December 19, 2019
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