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