Westmore · UDRP decision
WIPO · Case No. D2011-1315

Methodics.com

TransferWIPO-indexed · informational, not legal advice

The Respondent consented to transfer of <methodics.com> without conceding the Complaint's allegations. After the Complainant elected to continue the proceeding rather than seek suspension for settlement, the Panel accepted the Complainant's allegations as sufficiently established under the Policy, found bad-faith registration and use, and ordered transfer.

Outcome
Transfer
At a glance
Provider
WIPO
Outcome
Transfer
Decision date
2011-10-02
Panelist(s)
Abbott, Frederick M.
Complainant
Methodics LLC
Respondent
Domains by Proxy, Inc. Shiv Sikand
Disputed domain(s)
methodics.com
Domain history UDRP Intelligence

The timeline behind methodics.com

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

Westmore reconstructs the full history behind methodics.com — from public RDAP and the Internet Archive — as part of UDRP Intelligence:

Registration → decision → today timeline
Archived Wayback evidence of what the site showed
Registry bad-faith signals
The live current registrant
Available in UDRP Intelligence
Verified public record
Outcome & remedy
Complaint granted. Panel ordered transfer of methodics.com.
Reverse Domain Name Hijacking
No RDNH raised.
Westmore Insight

This decision illustrates a consent-to-transfer disposition in which the Respondent did not admit the allegations, but the Complainant nevertheless requested continuation to a formal decision. The Panel reviewed the file, found no evidence of improper use of the Policy by the Complainant, accepted the allegations as sufficiently established, and expressly found bad-faith registration and use before ordering transfer.

The three-part test
Identical or confusingly similarMet
Rights or legitimate interestsMet
Registered and used in bad faithMet

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

Case details
Provider
WIPO
Outcome
Transfer
Decision date
2011-10-02
Panel
Abbott, Frederick M.
Full decision
4 min read · hosted by Westmore

WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Methodics LLC v. Domains by Proxy, Inc. / Shiv Sikand Case No. D2011-1315 1. The Parties Complainant is Methodics LLC of San Francisco, California, United States of America, represented by Access International Law Group, United States of America. Respondent is Domains by Proxy, Inc. of Scottsdale, Arizona, United States of America / Shiv Sikand of Los Gatos, California, United States of America. 2. The Domain Name and Registrar The disputed domain name <methodics.com> is registered with Blue Razor Domains, Inc. (the “Registrar”). 3. Procedural History The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 30, 2011. On August 1, 2011, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 4, 2011, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on August 9, 2011 providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on August 13, 2011. The Center verified that the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”). In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified Respondent of the Complaint, and the proceedings commenced on August 17, 2011. In accordance with the Rules, paragraph 5(a), the due date for Response was September 6, 2011. The Response was filed with the Center on September 5, 2011. The Center appointed Frederick M. Abbott as the sole panelist in this matter on September 23, 2011. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. The Response transmitted by e-mail to the Center on September 5, 2011 stated that, without conceding the allegations of the Complaint, Respondent consented to the remedy of transfer of the disputed domain name requested by Complainant. The Center advised the parties by e-mail of September 6, 2011 that Complainant might wish to submit a request for suspension of the proceeding during which time the parties could explore a settlement. By e-mail of September 13, 2011, Complainant (through its counsel) advised the Center that it wished to proceed with the administrative proceeding, and the Center thereupon appointed the Panel. 4. Summary Determination Complainant has alleged (1) ownership of rights in the trademark METHODICS in the United States of America and that the disputed domain name, <methodics.com>, is identical or confusingly similar to that trademark; (2) that Respondent lacks rights or legitimate interests in the disputed domain name, and; (3) that Respondent registered and has used the disputed domain name in bad faith. The Registrar, Blue Razor Domains, Inc., has confirmed that Respondent is registrant of the disputed domain name. The Panel has reviewed the case file, and does not find evidence of intent on the part of Complainant to improperly take advantage of Respondent or the Policy. Respondent has consented to transfer to Complainant of the disputed domain name. The Panel considers it appropriate under the circumstances to accept the allegations put forward by Complainant as having been established sufficiently to satisfy the requirements for a finding of abusive domain name registration and use within the meaning of the Policy. The Panel determines that Complainant has established that Respondent registered and has used the disputed domain name in bad faith within the meaning of the Policy, and that the disputed domain name should be transferred to Complainant. The remedial purposes of the Policy will be satisfied by that transfer. 5. Decision For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name, <methodics.com>, be transferred to Complainant. Frederick M. Abbott Sole Panelist Dated: October 2, 2011

Source of record: WIPO . Reproduced for research; WIPO is the authoritative source.

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