Americancenturymortgage.info

The timeline behind americancenturymortgage.info

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 American Century Proprietary Holdings, Inc v. Ted Chen Claim Number: FA0703000934415 PARTIES Complainant is American Century Proprietary Holdings, Inc (“Complainant”), represented by Mark A. Nieds, of Leydig, Voit & Mayer, Ltd., Two Prudential Plaza, Suite 4900, Chicago, IL 60601. Respondent is Ted Chen (“Respondent”), 45414 Coyote Rd., Fremont, CA 94539. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <americancenturymortgage.info>, registered with Moniker Online Services Inc. 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. Robert T. Pfeuffer, Senior District Judge, as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on March 8, 2007; the National Arbitration Forum received a hard copy of the Complaint on March 9, 2007. On March 16, 2007, Moniker Online Services Inc. confirmed by e-mail to the National Arbitration Forum that the <americancenturymortgage.info> domain name is registered with Moniker Online Services Inc. and that Respondent is the current registrant of the name. Moniker Online Services Inc. has verified that Respondent is bound by the Moniker Online Services Inc. 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 19, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of April 9, 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@americancenturymortgage.info by e-mail. A Response was received electronically before the deadline for Response, but the National Arbitration Forum did not receive a hard copy of the Response until after the deadline. As a result, the Response has been deemed deficient pursuant to Supplemental Rule 5. Respondent has provided a Response that was deficient because the National Arbitration Forum has determined that a hard copy of the Response was not received by the response deadline. It is within the sole discretion of the Panel to decide whether or not to consider Respondent’s submission because it is not in compliance with ICANN Rule 5. The Panel has determined that there is ample precedent for it to consider the Response notwithstanding the technical violation of the Rule. In Strum v. Nordic Net Exch. AB, FA 102843 (Nat. Arb. Forum Feb. 21, 2002) the panel determined that “[R]uling a Response inadmissible because of formal deficiencies would be an extreme remedy not consistent with the basic principles of due process ...." Also, in J.W. Spear & Sons PLC v. Fun League Mgmt., FA 180628 (Nat. Arb. Forum Oct. 17, 2003), the Panel found that where the respondent submitted a timely response electronically, but failed to submit a hard copy of the response on time, “[t]he Panel is of the view that given the technical nature of the breach and the need to resolve the real dispute between the parties that this submission should be allowed and given due weight.” On April 16, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Robert T. Pfeuffer, Senior District Judge as Panelist. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. Respondent has agreed to transfer the <americancenturymortgage.info> domain name registration to Complainant and is willing to forego further action. Respondent does not contest any of Complainant’s allegations regarding the disputed domain name. The Panel has decided that in a circumstance such as this, where Respondent has agreed to transfer and does not contest any of Complainant’s allegations, it would be appropriate for the Panel to forego the traditional UDRP analysis and order the immediate transfer of the domain name. See 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 having found that no contest exists between the parties, that they both request the transfer of the disputed domain name be accomplished from Respondent to Complainant and that Respondent has agreed to transfer the disputed domain name to Complainant, it is therefore the conclusion of the Panel that the relief shall be granted in all things. Accordingly, it is Ordered that the <americancenturymortgage.info> domain name be TRANSFERRED from Respondent to Complainant. ROBERT T. PFEUFFER, Senior District Judge, Panelist Dated: April 26, 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.