Westmore · UDRP decision
FORUM · Case No. FA0702000921983

Nexttenstauer.com

TransferFORUM-indexed · informational, not legal advice

The Panel ordered transfer of <nexttenstauer.com> after Respondent agreed to the requested transfer. The Panel expressly declined to undertake a merits analysis under the UDRP.

Outcome
Transfer
At a glance
Provider
FORUM
Outcome
Transfer
Decision date
2007-04-05
Panelist(s)
Kendall C. Reed
Complainant
NextTen Stauer, LLC
Respondent
Texas International Property Associates
Counsel
David A. Davenport
Law firm
Law Office of Gary Wayne Tucker; Winthrop & Weinstine, P.A.
Disputed domain(s)
nexttenstauer.com
Citation weightCited by 1 later decision · relies on 3 authorities
Domain history UDRP Intelligence

The timeline behind nexttenstauer.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 nexttenstauer.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 nexttenstauer.com.
Reverse Domain Name Hijacking
No RDNH raised.
Westmore Insight

The Panel made no finding of registration or use in bad faith because it resolved the proceeding through Respondent's consent to transfer rather than a Policy analysis.

The three-part test
Identical or confusingly similarnot_reached
Rights or legitimate interestsnot_reached
Registered and used in bad faithnot_reached

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

Related decisions
Case details
Provider
FORUM
Outcome
Transfer
Decision date
2007-04-05
Panel
Kendall C. Reed
Full decision
3 min read · hosted by Westmore

NATIONAL ARBITRATION FORUM DECISION NextTen Stauer, LLC v. Texas International Property Associates Claim Number: FA0702000921983 PARTIES Complainant is NextTen Stauer, LLC (“Complainant”), represented by David A. Davenport, of Winthrop & Weinstine, P.A., Suite 500, 225 South Sixth Street, Minneapolis, MN 55402. Respondent is Texas International Property Associates (“Respondent”), represented by Gary Wayne Tucker, of Law Office of Gary Wayne Tucker, PO Box 703431, Dallas, TX 75370. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <nexttenstauer.com>, registered with Compana, LLC. PANEL The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding. Kendall C. Reed as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on February 22, 2007; the National Arbitration Forum received a hard copy of the Complaint on February 26, 2007. On March 1, 2007, Compana, LLC confirmed by e-mail to the National Arbitration Forum that the <nexttenstauer.com> domain name (“Respondent’s Domain Name) is registered with Compana, LLC and that the 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 March 7, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of March 27, 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@nexttenstauer.com by e-mail. A timely Response was received and determined to be complete on March 27, 2007. On March 30, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Kendall C. Reed as Panelist. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. DISCUSSION In its response, Respondent agrees to the transfer of Respondent’s Domain Name to Complainant, and as such, it is not necessary to undertake an analysis under the Policy. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. 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 (Nat Arb. 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 (Nat. Arb. 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 The Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <nexttenstauer.com> domain name be TRANSFERRED from Respondent to Complainant. Kendall C. Reed, Panelist Dated: April 5, 2007 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page NATIONAL ARBITRATION FORUM

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

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