DECISION

 

Duke University v. Jack Zhao

Claim Number: FA2101001929133

 

PARTIES

Complainant is Duke University (“Complainant”), represented by Susan Freya Olive of Olive & Olive, P.A., North Carolina, USA. Respondent is Jack Zhao (“Respondent”), China.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <dukemba.org>, registered with NameCheap, Inc.

 

PANEL

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.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the Forum electronically on January 20, 2021. The Forum received payment on January 20, 2021.

 

On January 21, 2021, NameCheap, Inc. confirmed by e-mail to the Forum that the <dukemba.org> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, 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 January 22, 2021, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 11, 2021 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@dukemba.org.  Also on January 22, 2021, 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 January 29, 2021.

 

On February 2, 2021, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury as Panelist.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant, Duke University, has rights in the DUKE mark based on registration with the United States Patent and Trademark Office (e.g. Reg. No. 2,317,603, registered Feb. 15, 2000). Respondent’s <dukemba.org> domain name, registered on August 8, 2018, is identical and/or confusingly similar to Complainant’s mark because it wholly incorporates Complainant’s mark, simply adding the abbreviation “mba” and the “.com” generic top-level domain (“gTLD”). Respondent has no rights or legitimate interests in the domain name, which was registered and is being used in bad faith.

 

B. Respondent

Respondent agrees that Complainant is entitled to control of its brands and requests that the <dukemba.org> domain name be transferred to Complainant.

 

FINDINGS

In light of Respondent’s consent to the transfer of the <dukemba.org> domain name to Complainant, the Panel considers it appropriate to order the transfer of the domain name without embarking on the traditional UDRP analysis. See 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.”).

 

DECISION

Respondent having consented to the transfer of the domain name to Complainant, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <dukemba.org> domain name be TRANSFERRED from Respondent to Complainant.

 

 

Alan L. Limbury, Panelist

Dated:  February 3, 2021