DECISION

 

Google LLC v. 1337 services LLC

Claim Number: FA2204001993917

 

PARTIES

Complainant is Google LLC (“Complainant”), represented by Matthew J. Snider of Dickinson Wright PLLC, Michigan, USA.  Respondent is 1337 services LLC (“Respondent”), Nevis.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <listentoyoutube.cc>, registered with Sarek Oy.

 

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 April 26, 2022. The Forum received payment on April 26, 2022.

 

On May 6, 2022, Sarek Oy confirmed by e-mail to the Forum that the <listentoyoutube.cc> domain name is registered with Sarek Oy and that Respondent is the current registrant of the name.  Sarek Oy has verified that Respondent is bound by the Sarek Oy 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 May 10, 2022, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 31, 2022 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@listentoyoutube.cc.  Also on May 10, 2022, 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 response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.

 

On June 7, 2022, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury 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.

 

RELIEF SOUGHT

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

 

PARTIES' CONTENTIONS

A. Complainant

The Domain Name is confusingly similar to the following marks in which Complainant owns rights: the YOUTUBE word mark, and several logos; Respondent has no rights or legitimate interest in respect of the Domain Name, which was registered and is being used in bad faith.

 

B. Respondent

Respondent failed to submit a formal Response in this proceeding. However, on May 11, 2022 Sarek Oy emailed the Forum as follows:

 

“The registrant has expressed their intention to release the domain. They have already stopped using it and are ok to give out the transfer codes to simplify the process.”

 

FINDINGS

The Panel takes the Sarek Oy email of May 11, 2022 to signify consent by Respondent to the transfer to Complainant of the <listentoyoutube.cc> domain name. Under these circumstances 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 <listentoyoutube.cc> domain name be TRANSFERRED from Respondent to Complainant.

 

 

Alan L. Limbury, Panelist

Dated:  June 10, 2022