Disney Enterprises, Inc. v.
Claim Number: FA0703000945379
Complainant is Disney Enterprises, Inc. (“Complainant”), represented by Annie
S. Wang, of J. Andrew Coombs, A Professional
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <disneycasting.com>, registered with Compana, Llc.
The undersigned certifies that she has acted independently and impartially and to the best of her knowledge has no known conflict in serving as Panelist in this proceeding.
Sandra J. Franklin as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum
On April 4, 2007, Compana, Llc confirmed by e-mail to the National Arbitration Forum that the <disneycasting.com> domain name is registered with Compana, Llc and that Respondent is the current registrant of the name. Compana, Llc has verified that Respondent is bound by the Compana, Llc 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 6, 2007, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of April 26, 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 email@example.com by e-mail.
A timely Response was received and determined to be complete on
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
1. Respondent’s <disneycasting.com> domain name is confusingly similar to Complainant’s DISNEY mark.
2. Respondent does not have any rights or legitimate interests in the <disneycasting.com> domain name.
3. Respondent registered and used the <disneycasting.com> domain name in bad faith.
B. Respondent agreed to the transfer of the domain name to Complainant and requested that the Panel refrain from making any specific findings in this case.
The Panel finds that, due to Respondent’s
consent and to the famous nature of Complainant Disney’s business activities
and marks, it is not necessary, nor would it be instructive, to make a formal
analysis in this case. See
Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625
(Nat. Arb. Forum
Therefore, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <disneycasting.com> domain name be TRANSFERRED from Respondent to Complainant.
Sandra J. Franklin, Panelist
Dated: May 17, 2007
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