DECISION

 

New Line Productions, Inc. v. Paul Quime Quime

Claim Number: FA2404002091487

 

PARTIES

Complainant is New Line Productions, Inc. ("Complainant"), represented by Annie S. Wang-Poloskov of Wang Law Corporation, California, USA. Respondent is Paul Quime Quime ("Respondent"), represented by Jevaux Gallardo, Philippines.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <newlinecinemas.com> ('the Domain Name'), registered with GoDaddy.com, LLC.

 

PANEL

The undersigned certifies that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelist in this proceeding.

 

Dawn Osborne as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on April 2, 2024; Forum received payment on April 2, 2024.

 

On April 3, 2024, GoDaddy.com, LLC confirmed by e-mail to Forum that the <newlinecinemas.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 April 9, 2024, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of April 29, 2024 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@newlinecinemas.com. Also on April 9, 2024, 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 April 9, 2024.

 

On April 11, 2024 pursuant to the Parties' requests to have the dispute decided by a single-member Panel, Forum appointed Dawn Osborne as Panelist.

 

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that 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.

 

RELIEF SOUGHT

Complainant requests that the Domain Name be transferred from Respondent to Complainant.

 

PRELIMINARY ISSUE: CONSENT TO TRANSFER

The Respondent has stated that it does not contest the contentions of the Complainant and 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, in recognition of the common request of the parties, the interests of judicial expedience, and the absence of any aggravating circumstances, and determining that the Complainant has evidenced a prima facie case on all three limbs of the Policy, has decided to forego the traditional UDRP analysis and to order an immediate transfer of the Domain Name.  See Motorola Solutions, Inc. v. Carsten Gallini, FA 2024058 (Forum Jan. 9, 2023) ("The plain construction of Respondent's declarations is one of consent to transfer, as it similarly comports with Complainant's demand for transfer of the disputed domain. Therefore, Panel will recognize the twin requests of the parties."); CNH Industrial America LLC v. Eric Schoenfeld, FA 2010676 (Forum Sept. 12, 2022) ("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 … domain name."); and Home Depot Products Authority, LLC v. CHARLES MEYER / COUNTRY COMPUTER, FA 1737571 (Forum June 29, 2017) ("[T]he Panel finds that in a circumstance such as this, where Respondent has not contested the transfer of the disputed domain names but instead agrees to transfer the domain names in question to Complainant, the Panel may decide to forego the traditional UDRP analysis and order an immediate transfer of the … domain names.").  

 

DECISION

 

Accordingly, it is Ordered that the <newlinecinemas.com> Domain Name be TRANSFERRED from Respondent to Complainant.

 

 

 

Dawn Osborne, Panelist

Dated: April 11, 2024