Westmore · UDRP DecisionEuroclearinquiry.com
The Panel ordered transfer based on Respondent’s consent, without making findings of fact or conducting the traditional three-element UDRP analysis.
The timeline behind euroclearinquiry.com
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The Panel did not decide bad-faith registration or use because Respondent consented to transfer and the Panel declined to conduct the traditional UDRP analysis.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
NATIONAL ARBITRATION FORUM DECISION Euroclear Plc. v. Intensed Creations Inc. c/o Randy Lorenzano Claim Number: FA0702000918540 PARTIES Complainant is Euroclear Plc. (“Complainant”), represented by Ryan M. Kaatz, of Ladas & Parry, Digital Brands Practice, 224 South Michigan Avenue, Chicago, IL 60604. Respondent is Intensed Creations Inc c/o Randy Lorenzano (“Respondent”), wack wack, mandaluyong 1555, PH. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <euroclearinquiry.com>, registered with Direct Information Pvt Ltd d/b/a Publicdomainregistry.com. 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. Honorable Karl V. Fink (Ret.), as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on February 15, 2007; the National Arbitration Forum received a hard copy of the Complaint on February 21, 2007. On February 16, 2007, Direct Information Pvt Ltd d/b/a Publicdomainregistry.com confirmed by e-mail to the National Arbitration Forum that the <euroclearinquiry.com> domain name is registered with Direct Information Pvt Ltd d/b/a Publicdomainregistry.com and that the Respondent is the current registrant of the name. Direct Information Pvt Ltd d/b/a Publicdomainregistry.com has verified that Respondent is bound by the Direct Information Pvt Ltd d/b/a Publicdomainregistry.com 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 February 23, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of March 15, 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@euroclearinquiry.com by e-mail. A timely Response was received on February 26, 2007. On March 5, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Honorable Karl V. Fink (Ret.), as Panelist. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. PARTIES’ CONTENTIONS A. Complainant makes the following assertions: 1. Respondent’s <euroclearinquiry.com> domain name is confusingly similar to Complainant’s EUROCLEAR mark. 2. Respondent does not have any rights or legitimate interests in the <euroclearinquiry.com> domain name. 3. Respondent registered and used the <euroclearinquiry.com> domain name in bad faith. B. Respondent In its response does not contest Complainant’s claims and agrees that the domain name may be transferred to Complainant. FINDINGS For the reasons set forth below, the Panel will not make any findings of fact. DISCUSSION Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.” In this case, Complainant has requested that the disputed domain name be transferred to it and Respondent agreed that the Domain Name be transferred to Complainant. Under such circumstances, and consistent with the decision of other panels, the Panel decides that it may order the transfer of the domain name to Complainant without engaging in the traditional UDRP analysis. See, e.g. H. Savinar Luggage Co., Inc. v. ANY-Web Ltd, FA874177 (Nat. Arb. Forum February 12, 2007; The Body Shop International plc v. Agri, Lacus, and Caelum LLC, FA 679564 (Nat. Arb. Forum May 25, 2006); Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Arb. Forum Jan. 13, 2004); Boehringer Ingelheim International GmbH v. Modern Limited – Cayman Web Development, FA 133625 (Nat. Arb. Forum Jan. 9, 2003); Alstyle Apparel/Active Wear v. John Schwab d/b/a Alstyle de Mexico, FA 170616 (Nat. Arb. Forum Sept. 8, 2003); The Royal Bank of Scotland Group plc v. rbspayments, FA 728805 (Nat. Arb. Forum July 7, 2006); Disney Enters. Inc. v. Morales, FA 475191 (June 24, 2005). As held in these cases, where, as here, Respondent has consented to Complainant’s request that the domain name in issue be transferred, the panel has no need to do anything other than to recognize the agreed to request and has no mandate to make findings of fact or of compliance with the Policy. DECISION Accordingly, it is Ordered that the <euroclearinquiry.com> domain name be TRANSFERRED from Respondent to Complainant. Honorable Karl V. Fink (Ret.), Panelist Dated: March 14, 2007 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page
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