DECISION

 

Unbound v. ogechukwu agidi / Mercury Century, LLC

Claim Number: FA2502002142330

PARTIES

Complainant is Unbound ("Complainant"), represented by Cynthia Johnson Walden of Fish & Richardson P.C., Massachusetts, USA. Respondent is ogechukwu agidi / Mercury Century, LLC ("Respondent"), California, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <onbond.org>, registered with Wild West Domains, LLC.

 

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 February 26, 2025. Forum received payment on February 26, 2025.

 

On February 27, 2025, Wild West Domains, LLC confirmed by e-mail to Forum that the <onbond.org> domain name is registered with Wild West Domains, LLC and that Respondent is the current registrant of the name. Wild West Domains, LLC has verified that Respondent is bound by the Wild West Domains, 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 March 4, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 24, 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@onbond.org. Also on March 4, 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 and determined to be complete on March 14, 2025.

 

On March 14, 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.

 

PARTIES' CONTENTIONS

A. Complainant

Complainant, Unbound, is an international nonprofit headquartered in Kansas City, Kansas. Respondent's <onbond.org> domain name is confusingly similar to Complainant's UNBOUND mark, in which Complainant has common-law and statutory rights. Respondent has no rights or legitimate interests in the domain name, which was registered and is being used in bad faith. The content of the website to which the domain name resolves has been copied directly from Complainant's website, such that Respondent is attempting to misrepresent itself as Complainant.

 

B. Respondent

Respondent registered and used the domain name for tutorial purposes last year with purely educational intent, with no commercial use or bad faith intentions. After receiving notice of the Complaint, Respondent deleted the website and is open to resolving this case amicably.

 

FINDINGS

The Panel takes the Response to amount to Respondent's consent to the transfer to Complainant of the <onbond.org> domain name. Accordingly, 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 <onbond.org> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Alan L. Limbury, Panelist

Dated: March 15, 2025