Earth's Pure Nutition, Inc. v. Robert Anderson
Claim Number: FA2006001902434
Complainant is Earth’s Pure Nutrition, Inc. (“Complainant”), represented by Donald L. Dalton, Utah, United States. Respondent is Robert Anderson (“Respondent”), Minnesota, United States.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <earthspurecbd.net> (“Domain Name”), registered with Name.com, Inc..
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.
Nicholas J.T. Smith as Panelist.
Complainant submitted a Complaint to the Forum electronically on June 30, 2020; the Forum received payment on July 8, 2020.
On June 30, 2020, Name.com, Inc. confirmed by e-mail to the Forum that the <earthspurecbd.net> domain name is registered with Name.com, Inc. and that Respondent is the current registrant of the name. Name.com, Inc. has verified that Respondent is bound by the Name.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 20, 2020, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 10, 2020 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@earthspurecbd.net. Also on July 20, 2020, 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 formal response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.
On August 12, 2020, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Nicholas J.T. Smith 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. 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
Complainant, Earth’s Pure Nutrition Inc., is an online seller of nutritional supplement products. Respondent’s <earthspurecbd.net> domain name differs from Complainant’s <earthspure.com> domain name is by adding “cbd” and the “.net” generic top-level domain (“gTLD”). Respondent's webpage is visually similar to Complainant and has resulted in actual consumer confusion.
Respondent lacks rights or legitimate interests in the <earthspurecbd.net> domain name. Complainant first registered as a corporation in Utah since 2007 and continuously used the EARTH’S PURE NUTRITION brand since, while Respondent only registered the Domain Name to take advantage of Complainant’s business goodwill.
Respondent registered and uses the <earthspurecbd.net> domain name in bad faith. Respondent intentionally targeted Complainant’s trademark in order to benefit from association with Complainant’s brand.
B. Respondent
Respondent failed to submit a formal Response in this proceeding but in informal communication agreed to transfer the Domain Name to the Complainant.
Respondent consents to transfer the <earthspurecbd.net> domain name to Complainant. However, after the initiation of this proceeding, Name.com, Inc. placed a hold on Respondent’s account and therefore Respondent cannot transfer the Domain Name while this proceeding is still pending.
In a circumstance such as this, where Respondent has not contested the transfer of the Domain Name, but instead agrees to transfer the Domain Name to Complainant, the Panel is authorized to forego the traditional UDRP analysis. This Panel, in recognition of the common request of the parties, in the interests of judicial expedience, and in the absence of any aggravating circumstances, has so decided to forego the traditional UDRP analysis and to order an immediate transfer of the <earthspurecbd.net> 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.”).
As the remedy of the Complainant and the request of the Respondent both sought to transfer the Domain Name from the Respondent to the Complainant, the Panel concludes that such relief shall be GRANTED.
Accordingly, it is Ordered that the <earthspurecbd.net> domain name be TRANSFERRED from Respondent to Complainant.
Nicholas J.T. Smith, Panelist
Dated: August 14, 2020
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