National Arbitration Forum

 

DECISION

 

Mir Internet Marketing, Inc. v. Aquo Interactive

Claim Number: FA0704000969237

 

PARTIES

Complainant is Mir Internet Marketing, Inc. (“Complainant”), represented by Mark A. Powers.  Respondent is Aquo Interactive (“Respondent”), 111 Hekili Street, Suite A-198, Kailua, HI 96734.

 

REGISTRAR AND DISPUTED DOMAIN NAME 

The domain name at issue is <seologics.com>, registered with Go Daddy Software, 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.

 

Bruce E. Meyerson as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on April 23, 2007; the National Arbitration Forum received a hard copy of the Complaint on April 27, 2007.

 

On April 24, 2007, Go Daddy Software, Inc. confirmed by e-mail to the National Arbitration Forum that the <seologics.com> domain name is registered with Go Daddy Software, Inc. and that Respondent is the current registrant of the name.  Go Daddy Software, Inc. has verified that Respondent is bound by the Go Daddy Software, Inc. registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).

 

On April 30, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of May 21, 2007 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts, and to postmaster@seologics.com by e-mail.

 

A Response was received in electronic format only.  Therefore, the National Arbitration Forum has determined the Response to be deficient according to Supplemental Rule 5(a).  Nevertheless, the Panel, in the exercise of its discretion will consider the Response.

 

On May 24, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Bruce E. Meyerson as Panelist.

 

RELIEF SOUGHT

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

 

PARTIES’ CONTENTIONS

Although Respondent does not expressly stipulate to the transfer of the <seologics.com> domain name, in its brief Response, Respondent states, “In any event, I am no longer using the domain, so there should be no need to proceed with arbitration.  If there is anything further that I can do to rectify the situation, please feel free to let me know.”  Respondent does not specifically contest any of Complainant’s allegations, only mentioning that it has put a link up on the website at the disputed domain name redirecting Internet users seeking Complainant to Complainant’s actual website.

 

Under the circumstances, the Panel interprets the Response as an agreement to transfer the domain name to Complainant.  Thus, it is unnecessary to undergo the traditional UDRP analysis and the Panel may order the immediate transfer of the domain name.  See Texas  Med. Ctr. v. Spinder, FA 886496 (Nat. Arb. Forum Feb. 19, 2007) (foregoing the traditional Policy analysis where the respondent stipulated to the transfer of the disputed domain names to the complainant); see also Richard Simon Jocelyn Peter Adams v. Truth About Jos, FA 907564 (Nat. Arb. Forum Mar. 9, 2007) (when a respondent stipulates to the transfer of the disputed domain name in its response or expresses a willingness to transfer the disputed domain name to the complainant, the panel can forego an analysis of the Policy and order the immediate transfer of the disputed domain name). 

 

DECISION

Because the Panel has concluded that Respondent does not object to the transfer of the domain name <seologics.com> to Complainant, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <seologics.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Bruce E. Meyerson, Panelist
Dated:  June 5, 2007

 

 

 

 

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