DECISION
CMFG Life Insurance Company v. Youssef Houpati / ISS SPACE NASA
Claim Number: FA2501002136795
PARTIES
Complainant is CMFG Life Insurance Company ("Complainant"), represented by Christopher J. Hussin of Boardman & Clark LLP, Wisconsin, USA. Respondent is Youssef Houpati / ISS SPACE NASA ("Respondent"), Morocco.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <insurancetrustage.com>, registered with NameCheap, Inc.
PANEL
Alan L. Limbury, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to Forum electronically on January 24, 2025. Forum received payment on January 24, 2025.
On January 24, 2025, NameCheap, Inc. confirmed by e-mail to Forum that the <insurancetrustage.com> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, 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 27, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 18, 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@insurancetrustage.com. Also on January 27, 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.
On January 29, 2025, Respondent sent to Forum an informal email addressed to Complainant, considered below.
Having received no formal response from Respondent, Forum transmitted to the parties a Notification of Respondent Default.
On February 20, 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from Respondent to Complainant.
PRELIMINARY ISSUE: CONSENT TO TRANSFER
Respondent's informal email addressed to Complainant included inter alia the following statements:
"I would like to sincerely apologize for any inconvenience caused. The purchase of this domain was an unintentional mistake, and I was unaware of any potential conflict with your intellectual property or trademark at the time of registration.
To resolve this matter amicably and promptly, I have already taken the necessary steps to vacate the domain, and it will be released today. Please rest assured that I have no intention of using the domain or infringing upon your rights in any way."
The Panel considers this to constitute consent by Respondent to the transfer of the <insurancetrustage.com> domain name to Complainant. Since the Registrar placed the domain name on Registrar LOCK on January 25, 2025, it was not possible for Respondent to arrange its release.
In light of Respondent's consent to the transfer to Complainant of the domain name, the Panel considers it appropriate to order the 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 name to Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <insurancetrustage.com> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: February 20, 2025
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