DECISION

 

Bombardier Recreational Products Inc. v. Dmytro Zakonov

Claim Number: FA2604002217469

 

PARTIES

Complainant is Bombardier Recreational Products Inc. ("Complainant"), Canada. Respondent is Dmytro Zakonov ("Respondent"), Portugal.

 

REGISTRAR AND DISPUTED DOMAIN NAMES 

The domain names at issue are <brp-manuals.com>, <canam-manuals.com>, and <seadoo-manuals.com> ("Domain Names"), registered with Hosting Concepts B.V. d/b/a Registrar.eu.

 

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.

 

Nicholas J.T. Smith as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on April 22, 2026; Forum received payment on April 22, 2026.

 

On April 24, 2026, Hosting Concepts B.V. d/b/a Registrar.eu confirmed by e-mail to Forum that the <brp-manuals.com>, <canam-manuals.com>, and <seadoo-manuals.com> domain names are registered with Hosting Concepts B.V. d/b/a Registrar.eu and that Respondent is the current registrant of the names. Hosting Concepts B.V. d/b/a Registrar.eu has verified that Respondent is bound by the Hosting Concepts B.V. d/b/a Registrar.eu 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 April 29, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of May 19, 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@brp-manuals.com, postmaster@canam-manuals.com, and postmaster@seadoo-manuals.com. Also on April 29, 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.

 

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

 

On May 20, 2026, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Nicholas J.T. Smith 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 response from Respondent.

 

RELIEF SOUGHT

Complainant requests that the Domain Names be transferred from Respondent to Complainant.

 

PRELIMINARY ISSUE: CONSENT TO TRANSFER

Forum received a communication from Respondent on May 1, 2026, with the pertinent portion of the communication reading:

 

"I also agree to the transfer of the disputed domain names to the Complainant and state that I do not contest the remedy requested.

Please proceed accordingly."

 

The Panel is satisfied that this material demonstrates an intent from Respondent not to contest the proceeding and consent to the transfer of the Domain Names to the Complainant. In a circumstance such as this, where Respondent has not contested the transfer of the Domain Names, but instead agrees to transfer the Domain Names to Complainant, the Panel is authorized to forego the traditional UDRP analysis. 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 <brp-manuals.com>, <canam-manuals.com>, and <seadoo-manuals.com> domain names. See 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); see also 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."); see also 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

As the remedy of the Complainant and the request of the Respondent both sought to transfer the Domain Names from the Respondent to the Complainant, the Panel concludes that such relief shall be GRANTED.

 

Accordingly, it is Ordered that the <brp-manuals.com>, <canam-manuals.com>, and <seadoo-manuals.com> domain names be TRANSFERRED from Respondent to Complainant.

 

 

 

Nicholas J.T. Smith, Panelist

Dated:  May 20, 2026