DECISION

 

Amazon Technologies, Inc. v. S1 Publishing / S1 Ecommerce / S1 ECommerce, LLC / S1 Publishing LLC

Claim Number: FA2410002121005

 

PARTIES

Complainant is Amazon Technologies, Inc. ("Complainant"), represented by James F. Struthers of Richard Law Group, Inc., Texas, USA. Respondent is S1 Publishing / S1 Ecommerce / S1 ECommerce, LLC / S1 Publishing LLC ("Respondent"), Washington, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAMES 

The domain names at issue are <amazonpublishingllc.com>, <amzbookpublishers.com> and <amzpublishingllc.com>, registered with HOSTINGER operations, UAB.

 

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 Forum electronically on October 18, 2024; Forum received payment on October 18, 2024.

 

On October 21, 2024, HOSTINGER operations, UAB confirmed by e-mail to Forum that the <amazonpublishingllc.com>, <amzbookpublishers.com> and <amzpublishingllc.com> domain names are registered with HOSTINGER operations, UAB and that Respondent is the current registrant of the names. HOSTINGER operations, UAB has verified that Respondent is bound by the HOSTINGER operations, UAB 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 October 23, 2024, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of November 12, 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@amazonpublishingllc.com, postmaster@amzbookpublishers.com and postmaster@amzpublishingllc.com. Also on October 23, 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 October 28, 2024.

 

On October 29, 2024, 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 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 names be transferred from Respondent to Complainant.

 

PRELIMINARY ISSUE: MULTIPLE RESPONDENTS

Paragraph 3(c) of the Rules provides that a "complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder". Paragraph 1(d) of Forum's Supplemental Rules defines "The Holder of a Domain Name Registration" as "the single person or entity listed in the registration information, as verified by the Registrar, at the time of commencement" and sub-paragraph 1(d)(i) provides that a Complainant wishing to make an argument for a single Respondent having multiple aliases must comply with Supplemental Rules 4(c) and 17(a)(i).

 

Complainant has shown that the <amazonpublishingllc.com>, <amzbookpublishers.com> and <amzpublishingllc.com> domain names are effectively controlled by the same person and/or entity, which is operating under several aliases.

 

Hence this decision refers to S1 Publishing / S1 Ecommerce / S1 ECommerce, LLC / S1 Publishing LLC as "Respondent". 

 

PRELIMINARY ISSUE: CONSENT TO TRANSFER

The Response states, inter alia:

 

"The Respondent hereby agrees to the voluntary transfer of the domain names amazonpublishingllc.com, amzbookpublishers.com, and amzpublishingllc.com to the Complainant, Amazon Technologies, Inc., without further dispute or defense. The Respondent acknowledges that the administrative proceeding has been initiated under the UDRP and, to resolve the matter amicably, we are willing to transfer the domain names as requested by the Complainant. We understand that, upon mutual agreement and the provision of this response, the transfer process will proceed according to ICANN's UDRP policy, and the case may be terminated under UDRP Rule 17."

 

The Panel notes that, although Complainant seeks the transfer to it of the <amazonpublishingllc.com>, <amzbookpublishers.com> and <amzpublishingllc.com> domain names and Respondent consents to such transfer, the process contemplated under Rule 17 has not been followed in this case. However, in light of Respondent's consent to the transfer to Complainant of the domain names, the Panel considers it appropriate to order their transfer without embarking on the traditional 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 names to Complainant, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <amazonpublishingllc.com>, <amzbookpublishers.com> and <amzpublishingllc.com> domain names be TRANSFERRED from Respondent to Complainant.

 

 

 

 

Alan L. Limbury, Panelist

Dated: October 30, 2024