DECISION

 

Suncast Corporation v. Michael Pope

Claim Number: FA2501002135872

PARTIES

Complainant is Suncast Corporation ("Complainant"), represented by Maria Jose Rivera of McHale & Slavin, P.A., Florida, USA. Respondent is Michael Pope ("Respondent"), Florida, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <suncastcarts.com>, registered with Register.com, Inc.

 

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.

 

The Honorable Neil Anthony Brown KC as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on January 17, 2025; Forum received payment on January 17, 2025.

 

On January 20, 2025, Register.com, Inc. confirmed by e-mail to Forum that the <suncastcarts.com> domain name is registered with Register.com, Inc. and that Respondent is the current registrant of the name. Register.com, Inc. has verified that Respondent is bound by the Register.com, Inc. 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 January 20, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 10, 2025 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@suncastcarts.com. Also on January 20, 2025, 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 by Forum on January 22, 2025.

 

On January 23, 2025, an Additional Submission was received by Forum from the Complainant. 

 

On January 23, 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed The Honorable Neil Anthony Brown KC 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

In the Respondent's Response and the Additional Submission of the Complainant, 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, has decided to forego the traditional UDRP analysis and to order an immediate transfer of the Domain Names.  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."); 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."); and ManFace, LLC v. kory dargue / Man Face , FA2307002054342 (Forum August 17, 2023).

 

DECISION

 Accordingly, it is Ordered that the <suncastcarts.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

The Honorable Neil Anthony Brown KC

Panelist

Dated: January 27, 2025