DECISION

 

UYTE, LLC, SEG HOCKEY, LLC, and SMITH ENTERTAINMENT GROUP, LLC v. Andrew Biesinger

Claim Number: FA2506002163420

 

PARTIES

Complainant is UYTE, LLC, SEG HOCKEY, LLC, and SMITH ENTERTAINMENT GROUP, LLC ("Complainant"), represented by Catherine Parrish Lake of Dorsey & Whitney LLP, Utah, USA. Respondent is Andrew Biesinger ("Respondent"), Utah, USA.

 

REGISTRAR AND DISPUTED DOMAIN NAMES

The domain names at issue are <mammothproshop.com>, <mammothteam.shop>, <mammothteam.store>, <mammothteamshop.com>, <mammothteamstore.co>, <mammothteamstore.com>, <mammoth-teamstore.com>, <themammothteamstore.com>, <umteamstore.com>, <utahmammothproshop.com>, <utahmammothstore.com>, <utahmammothteam.com>, <utahmammothteamstore.co>, and <utahmammothteamstore.com>, registered with GoDaddy.com, 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.

 

Charles A. Kuechenmeister, Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on June 30, 2025; Forum received payment on June 30, 2025.

 

On June 30, 2025, GoDaddy.com, LLC confirmed by e-mail to Forum that the <mammothproshop.com>, <mammothteam.shop>, <mammothteam.store>, <mammothteamshop.com>, <mammothteamstore.co>, <mammothteamstore.com>, <mammoth-teamstore.com>, <themammothteamstore.com>, <umteamstore.com>, <utahmammothproshop.com>, <utahmammothstore.com>, <utahmammothteam.com>, <utahmammothteamstore.co>, and <utahmammothteamstore.com> domain names are registered with GoDaddy.com, LLC and that Respondent is the current registrant of the names. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, 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 July 1, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint setting a deadline of July 21, 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@mammothproshop.com, postmaster@mammothteam.shop, postmaster@mammothteam.store, postmaster@mammothteamshop.com, postmaster@mammothteamstore.co, postmaster@mammothteamstore.com, postmaster@mammoth-teamstore.com, postmaster@themammothteamstore.com, postmaster@umteamstore.com, postmaster@utahmammothproshop.com, postmaster@utahmammothstore.com, postmaster@utahmammothteam.com, postmaster@utahmammothteamstore.co, and postmaster@utahmammothteamstore.com. Also on July 1, 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 July 7, 2025.

 

On July 8, 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Charles A. Kuechenmeister 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: Consent To Transfer

The Response reaffirms the message contained in emails sent by Respondent to Forum on July 1, 2025, to the effect that Respondent registered the domain names without realizing that doing so would be problematic, and that he is willing to have the domain names transferred to Complainant.

 

Respondent clearly states a willingness on his part to transfer the domain names to Complainant. As required by Policy ¶ 8(a), upon notice of the commencement of this proceeding, the registrar placed a hold on Respondent's account. Respondent therefore cannot transfer the domain names while this proceeding is pending. Under these circumstances, where Respondent consents to a transfer of the domain names to Complainant, the Panel may forego a traditional Policy analysis and order an immediate transfer of the domain name. Boehringer Ingelheim Int'l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer), Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Forum Jan. 13, 2004) ("In this case, 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 has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy."), 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"). The Panel elects to adopt this approach and will order the transfer of the domain names without a Policy analysis.

 

DECISION

In light of Respondent's consent to transfer the domain names to Complainant, the Panel concludes that that relief shall be GRANTED.

 

Accordingly, it is Ordered that the  <mammothproshop.com>, <mammothteam.shop>, <mammothteam.store>, <mammothteamshop.com>, <mammothteamstore.co>, <mammothteamstore.com>, <mammoth-teamstore.com>, <themammothteamstore.com>, <umteamstore.com>, <utahmammothproshop.com>, <utahmammothstore.com>, <utahmammothteam.com>, <utahmammothteamstore.co>, and <utahmammothteamstore.com> domain names be TRANSFERRED to Complainant.

 

 

 

Charles A. Kuechenmeister, Panelist

Dated: July 9, 2025