CHANEL, INC. v. zaini bawi
Claim Number: FA2304002038635
Complainant is CHANEL, INC. (“Complainant”), represented by Cecilia Borgenstam of SILKA AB, Sweden. Respondent is zaini bawi (“Respondent”), Indonesia.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <chanelclassicflapbag.us>, registered with Sav.Com Llc.
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.
Complainant submitted a Complaint to Forum electronically on April 4, 2023. Forum received payment on April 4, 2023.
On April 4, 2023, Sav.Com Llc confirmed by e-mail to Forum that the <chanelclassicflapbag.us> domain name is registered with Sav.Com Llc and that Respondent is the current registrant of the name. Sav.Com Llc has verified that Respondent is bound by the Sav.Com Llc registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with the U.S. Department of Commerce’s usTLD Dispute Resolution Policy (the “Policy”).
On April 5, 2023, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 25, 2023 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@chanelclassicflapbag.us. Also on April 5, 2023, 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.
On April 6, 2023, Respondent sent an informal email to Forum.
Having received no formal response from Respondent, Forum transmitted to the parties a Notification of Respondent Default.
On April 28, 2023, pursuant to Complainant's request to have the dispute decided by a single-member Panel, 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 to the usTLD Dispute Resolution Policy (“Rules”). Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the usTLD Policy, usTLD 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
The <chanelclassicflapbag.us> domain name is confusingly similar to Complainant’s CHANEL registered trademarks. Respondent has no rights or legitimate interests in the domain name, which Respondent registered and is using in bad faith.
B. Respondent
Respondent failed to submit a formal Response in this proceeding. However, in the email communication to Forum on April 6, 2023, Respondent said:
“I have received your email and I don't fully understand what it is all about. All I know is that the email contained a problem that I couldn't handle. I'm just a regular blogger who randomly gets that domain: chanelclassicflapbag.us from expired domain market lists. I am willing to take down that domain if it can solve the problem.”
FINDINGS
The Panel takes Respondent’s email of April 6, 2023 to signify consent by Respondent to the transfer to Complainant of the <chanelclassicflapbag.us> domain name. Under these circumstances the Panel considers it appropriate to order the transfer of the domain name without embarking on the traditional usTLD Policy 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 <chanelclassicflapbag.us> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: May 1, 2023
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