DECISION

 

Binks US, LLC v. Костя Пасічник / Dmytro Zima

Claim Number: FA2601002199031

 

PARTIES

Complainant is Binks US, LLC ("Complainant"), represented by Tiffany Shimada of Dorsey & Whitney LLP, Utah, USA. Respondent is Костя Пасічник / Dmytro Zima ("Respondent"), Ukraine.

 

REGISTRAR AND DISPUTED DOMAIN NAMES 

The domain names at issue are <binkss.com> and <binksus.com>, registered with Cosmotown, 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.

 

 Hon. Karl v. Fink (Ret.) as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on January 9, 2026; Forum received payment on January 9, 2026.

 

On January 14, 2026, Cosmotown, Inc. confirmed by e-mail to Forum that the <binkss.com> and <binksus.com> domain names are registered with Cosmotown, Inc. and that Respondent is the current registrant of the names. Cosmotown, Inc. has verified that Respondent is bound by the Cosmotown, 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 20, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 9, 2026 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@binkss.com and postmaster@binksus.com. Also on January 20, 2026, 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.

 

An email from Костя Пасічник was received on January 20, 2026.

 

A timely Response from Dmytro Zima was received and determined to be complete on January 21, 2026.

 

On January 21, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Hon. Karl V. Fink (Ret.) as Panelist

 

All submissions were reviewed by the Panel.

 

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: MULTIPLE RESPONDENTS

Complainant has alleged that the entities which control the domain names at issue are effectively controlled by the same person and/or entity. Paragraph 3(c) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") provides that a "complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder."  Complainant contends that the disputed domain names are owned by the same entity and under common control. Complainant alleges that each of the disputed domain names resolves to nearly identical websites, featuring identical Amazon product listings which have identical Amazon Standard Identification Numbers.

 

Each of the named respondents has communicated with Forum in response to the complaint. The owner of <binkss.com> states that he has no control or access to the other disputed domain name.

                                          

The Panel finds that Complainant has not sufficiently presented evidence demonstrating that the listed entities are jointly controlled.  Under Forum's Supplemental Rule 4(c), the Panel has determined to proceed against Dmytro Zima and the associated domain name <binkss.com> only. The other Respondent and associated domain name are dismissed from this arbitration hearing.

 

PRELIMINARY ISSUE: CONSENT TO TRANSFER

In its response, Respondent, Dmytro Zima, states its willingness to transfer the disputed domain name.

 

Since Respondent has agreed to Complainant's request, the Panel has decided to forego the traditional UDRP analysis and to order a transfer of the domain name.  See Motorola Solutions, Inc. v. Carsten Gallini, FA 2024058 (Forum Jan. 9, 2023) ("The plain construction of Respondent's declarations is one of consent to transfer, as it similarly comports with Complainant's demand for transfer of the disputed domain. Therefore, Panel will recognize the twin requests of the parties."); CNH Industrial America LLC v. Eric Schoenfeld, FA 2010676 (Forum Sept. 12, 2022) ("This Panel, in recognition of the common request of the parties, in the interests of judicial expedience, and in the absence of any aggravating circumstances, has so decided to forego the traditional UDRP analysis and to order an immediate transfer of the … domain name."); and Home Depot Products Authority, LLC v. CHARLES MEYER / COUNTRY COMPUTER, FA 1737571 (Forum June 29, 2017) ("[T]he Panel finds that in a circumstance such as this, where Respondent has not contested the transfer of the disputed domain names but instead agrees to transfer the domain names in question to Complainant, the Panel may decide to forego the traditional UDRP analysis and order an immediate transfer of the … domain names.").

 

The Panel notes that Complainant has submitted evidence of its registration of the BINKS mark and finds the disputed domain name is confusingly similar to that mark.

 

DECISION

Under paragraphs 3(c) and 4© of the Rules for the Uniform Domain Dispute Policy, it is ordered that Respondent Костя Пасічник and the associated domain name <binksus.com> are dismissed from this arbitration proceeding without prejudice.

 

Respondent. Dmytro Zima, 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 <binkss.com> domain name be TRANSFERRED from Respondent, Dmytro Zima, to Complainant.

 

 

 

Hon. Karl V. Fink (Ret.) Panelist

January 29, 2026

 

1