DECISION

 

DK Crown Holdings Inc. v. Galyna Nazarenko / TS / Volodymyr Zheliezniak

Claim Number: FA2501002137012

PARTIES

Complainant is DK Crown Holdings Inc. ("Complainant"), represented by Lawrence R. Robins of FisherBroyles LLP, Massachusetts, USA. Respondents are Galyna Nazarenko / TS / Volodymyr Zheliezniak ("Respondents"), represented by Daria Svystula of Proctor Law Firm, Ukraine.

 

REGISTRAR AND DISPUTED DOMAIN NAMES 

The domain names at issue are <profantasydraftkings.com> and <alldraftkingsfantasy.com>, registered respectively with NameCheap, Inc and Dynadot Inc.

 

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.

 

Eugene I. Low as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on January 27, 2025; Forum received payment on January 27, 2025.

 

On January 27, 2025, NameCheap, Inc. confirmed by e-mail to Forum that the <profantasydraftkings.com> domain name is registered with NameCheap, Inc. and that Galyna Nazarenko (with TS listed as the organization) is the current registrant of the domain name.

 

On January 29, 2025, Dynadot Inc confirmed by e-mail to Forum that the <alldraftkingsfantasy.com> domain name is registered with Dynadot Inc and that Volodymyr Zheliezniak is the current registrant of the domain name.

 

NameCheap, Inc. and Dynadot Inc have verified that Respondents are bound by their respective registration agreements and have 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 29, 2025, Forum issued a deficiency letter to Complainant, requiring Complainant to amend the Complaint to properly identify Respondents.

 

On January 30, 2025, Complainant filed an Amended Complaint with Forum. On the same day, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 19, 2025 by which Respondents could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondents' registration as technical, administrative, and billing contacts, and to postmaster@profantasydraftkings.com, postmaster@alldraftkingsfantasy.com. Also on January 30, 2025, the Written Notice of the Complaint, notifying Respondents of the e-mail addresses served and the deadline for a Response, was transmitted to Respondents via post and fax, to all entities and persons listed on Respondents' registration as technical, administrative and billing contacts.

 

A timely joint Response filed on behalf of the Respondents was received and determined to be complete on February 19, 2025.

 

On February 20, 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Eugene I. Low 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 Respondents to Complainant.

 

PRELIMINARY ISSUE: CONSENT TO TRANSFER

A joint Response was filed on February 19, 2025 by a law firm representing both Respondents. In the Response, Respondents indicated that they no longer use and do not plan to use these two domain names in the future. Furthermore, Respondents do not object to the transfer of these two domain names to Complainant. They are ready to transfer these two domain names to Complainant without the need for an administrative panel review.

 

The Panel considers that the Response constitutes consent by Respondents to transfer the two domain names to Complainant. Since the Registrars have placed the domain names on lock, it is not possible for Respondents to arrange the transfer of the two domain names.

 

In light of Respondents' consent to transfer the two domain names to Complainant, the Panel considers it appropriate to order such transfer without undergoing the traditional UDRP analysis.

 

DECISION

Based on Respondents' consent to transfer the domain names to Complainant, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <profantasydraftkings.com> and <alldraftkingsfantasy.com> domain names be TRANSFERRED from Respondents to Complainant.

 

__________________________________________________________________

 

 

Eugene I. Low, Panelist

Dated: February 25, 2025