DECISION

 

Groupe Atallah Inc. v. Salil Shekharan / Ernst and Young LLP

Claim Number: FA2507002164191

 

PARTIES

Complainant is Groupe Atallah Inc. ("Complainant"), represented by Jules Gaudin of ROBIC, LLP, Canada. Respondent is Salil Shekharan / Ernst and Young LLP ("Respondent"), India.

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <ssense.ai>, registered with NameCheap, 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.

 

Alan L. Limbury, as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on July 3, 2025. Forum received payment on July 3, 2025.

 

On July 4, 2025, NameCheap, Inc. confirmed by e-mail to Forum that the <ssense.ai> 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 July 15, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 4, 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@ssense.ai. Also on July 15, 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 July 15, 2025, Respondent communicated informally by email with Forum.

 

Having received no formal response from Respondent, Forum transmitted to the parties a Notification of Respondent Default.

 

On August 5, 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury 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. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any formal response from Respondent.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PRELIMINARY ISSUE: CONSENT TO TRANSFER

Respondent's informal email to Forum stated inter alia:

 

"I would like to clarify that the domain was registered in good faith as a personal brand concept — short for "Salil's Sense" — with no connection to Groupe Atallah Inc. or its trademark. It has never been used commercially or in a manner intended to mislead, compete, or derive value from any third-party brand, including SSENSE.

 

That said, I fully respect the importance of intellectual property rights and appreciate the opportunity to resolve this matter constructively.

 

In the interest of avoiding prolonged proceedings and maintaining a cooperative posture, I am willing to voluntarily transfer the domain to the Complainant, provided that doing so will fully and finally resolve the matter with no further action or liability pursued against me."

 

Under these circumstances the Panel considers it appropriate to order the transfer of the <ssense.ai> domain name 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 <ssense.ai> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Alan L. Limbury, Panelist

Dated: August 6, 2025