Thoughtwork.com

The timeline behind thoughtwork.com

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

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

NATIONAL ARBITRATION FORUM DECISION ThoughtWorks, Inc. v. ThoughtWorks, Inc. Claim Number: FA0703000934366 PARTIES Complainant is ThoughtWorks, Inc. (“Complainant”), represented by Daniel Goodwin, 200 E. Randolph St., 25th Fl., Chicago, IL 60601. Respondent is ThoughtWorks, Inc. (“Respondent”), represented by Daniel Goodwin, 200 E. Randolph St., 25th Fl., Chicago, IL 60601. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <thoughtwork.com>, registered with Nameview, Inc. PANEL The undersigned certifies that she has acted independently and impartially and that to the best of her knowledge she has no known conflict in serving as Panelist in this proceeding. Hon. Carolyn Marks Johnson sits as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically March 7, 2007; the National Arbitration Forum received a hard copy of the Complaint March 8, 2007. On March 26, 2007, Nameview, Inc. confirmed by e-mail to the National Arbitration Forum that the <thoughtwork.com> domain name is registered with Nameview, Inc. and that Respondent is the current registrant of the name. Nameview, Inc. verified that Respondent is bound by the Nameview, Inc. registration agreement and thereby has 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 29, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of April 18, 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@thoughtwork.com by e-mail. A timely Response was received and determined to be complete April 11, 2007. No additional submissions were filed. On April 14, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Hon. Carolyn Marks Johnson as Panelist. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. Preliminary Issue: When Complainant initially filed its Complaint, Respondent’s WHOIS information for the <thoughtwork.com> domain name identified Respondent as “THOUGHTWORK.COM c/o Whois IDentity Shield.” Shortly thereafter, the WHOIS information was updated to reflect “ThoughtWorks, Inc.” as the registrant of the disputed domain name. As a result, it appears that Complainant and Respondent are the same entity. However, Complainant still does not have access to the <thoughtwork.com> domain name. Given the circumstances, Complainant, acting as Respondent, chose to submit a Response to the Complaint agreeing to transfer the disputed domain name. Respondent’s activities may be classified as “cyberflying,” a practice of changing the registrant of a domain name before or during a UDRP proceeding in an attempt to disrupt the proceeding and circumvent the Policy. Where Respondent purports to transfer the contested domain name to Complainant, previous panels have ordered the immediate transfer of the disputed domain name without analyzing the elements of 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.”). 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.” Paragraph 4(a) of the Policy requires Complainant to prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred: (1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; (2) Respondent has no rights or legitimate interests in respect of the domain name; and (3) the domain name has been registered and is being used in bad faith. No dispute exists on any of the three elements that would require resolution. FINDINGS The Panel has reviewed the submissions filed by Complainant on its own behalf and on behalf of Respondent to determine if disputed issues of fact, law, or applicability of the ICANN Policy, would suggest the need for resolution by the Panel. The Panel finds that no disputed issues of fact, law or determination of the applicability of the requirements of ICANN Policy remain for resolution. DECISION Therefore, the three elements being agreed, under the ICANN Policy, the Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <thoughtwork.com> domain name be TRANSFERRED from Respondent to Complainant. Hon. Carolyn Marks Johnson, Panelist Dated: April 30, 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.