Oracle International Corporation v. Andrei Patrascu / SC CODESTAGE SRL
Claim Number: FA2208002006763
Complainant is Oracle International Corporation ("Complainant"), represented by Steven M. Levy of FairWinds Partners LLC, District of Columbia, USA. Respondent is Andrei Patrascu / SC CODESTAGE SRL ("Respondent"), Romania.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <xn--orcle-ucc.com>, registered with GoDaddy.com, LLC.
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.
David E. Sorkin as Panelist.
Complainant submitted a Complaint to the Forum electronically on August 2, 2022; the Forum received payment on August 2, 2022.
On August 3, 2022, GoDaddy.com, LLC confirmed by email to the Forum that the <xn--orcle-ucc.com> domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. 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 August 4, 2022, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 24, 2022 by which Respondent could file a Response to the Complaint, via email to all entities and persons listed on Respondent's registration as technical, administrative, and billing contacts, and to postmaster@xn--orcle-ucc.com. Also on August 4, 2022, the Written Notice of the Complaint, notifying Respondent of the email 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 August 4, 2022.
On August 9, 2022, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed David E. Sorkin 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 name be transferred from Respondent to Complainant.
A. Complainant
Complainant is one of the world's largest developers and marketers of enterprise software products and services, cloud data storage, and computer hardware systems. Complainant owns many trademark registrations for ORACLE and contends that the mark is famous worldwide.
Respondent registered the disputed domain name <xn--orcle-ucc.com> in June 2022. The domain name is an internationalized domain name (IDN) rendered in ASCII characters using Punycode; its Unicode equivalent is <orȧcle.com>. Complainant contends that the domain name is confusingly similar to its ORACLE mark; that Respondent lacks rights or legitimate interests in the disputed domain name; and that the disputed domain name was registered and is being used in bad faith.
B. Respondent
Respondent states that the disputed domain name was registered for an educational demonstration of Unicode domains and phishing; that he has attempted to cancel the registration; and that he consents to transfer the domain name as requested by Complainant.
For the reasons set forth below, the Panel makes no findings of fact.
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.
Respondent has consented to a transfer of the disputed domain name to Complainant. In such a circumstance, a Panel may decide to forego the traditional UDRP analysis and order an immediate transfer of the domain name. See, e.g., BBY Solutions, Inc. v. Zip.ca / Curt Millar, FA 1365325 (Forum Feb. 7, 2011). Complainant has indicated that it has no objection to this approach. The Panel determines that such a resolution is appropriate under the circumstances presented in this case.
It is Ordered that the <xn--orcle-ucc.com> domain name be TRANSFERRED from Respondent to Complainant.
David E. Sorkin, Panelist
Dated: August 10, 2022
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page