Lloydpontiac.com

The timeline behind lloydpontiac.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 Sonic-Lloyd Pontiac-Cadillac, Inc. d/b/a Lloyd Pontiac-Cadillac-GMC v. Montanya lLtd Claim Number: FA0703000934545 PARTIES Complainant is Sonic-Lloyd Pontiac-Cadillac, Inc. d/b/a Lloyd Pontiac-Cadillac-GMC (“Complainant”), represented by Ashley L. Ellis, of Parker, Poe, Adams & Bernstein L.L.P., Three Wachovia Center, 401 South Tryon Street, Suite 3000, Charlotte, NC 28202. Respondent is Montanya lLtd (“Respondent”), represented by Paul Raynor Keating c/o Balmes 173 2 2, Barcelona 08006, Spain. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <lloydpontiac.com>, registered with Name.net Llc. 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. Louis E. Condon as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on March 9, 2007; the National Arbitration Forum received a hard copy of the Complaint on March 9, 2007. On March 13, 2007, Name.net Llc confirmed by e-mail to the National Arbitration Forum that the <lloydpontiac.com> domain name is registered with Name.net Llc and that Respondent is the current registrant of the name. Name.net Llc has verified that Respondent is bound by the Name.net 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 20, 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@lloydpontiac.com by e-mail. Respondent’s Response, received on April 11, 2007, was untimely, as it was received after the deadline for a Response of April 9, 2007. However, the Panel has discretion whether or not to consider Respondent’s submission even though it is not in compliance with Supplemental Rule 5(a). Because of the nature of the Response, the Panel has elected to consider it in this instance as set forth below. Complainant timely filed an Additional Submission in reply to Respondent’s Response duly noting that, since both parties seek the same remedy and Respondent does not contest the transfer of the domain name, it is equitable to transfer the domain name to Complainant. On April 13, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Louis E. Condon as Panelist. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. FINDINGS Respondent has submitted a Response in which Respondent expressly stipulates and agrees that the disputed domain name be transferred to Complainant. Accordingly, where Respondent has expressly agreed to transfer the disputed domain name as requested by Complainant, the Panel may decide to forego the traditional UDRP analysis and order the immediate transfer of the domain name. See The Royal Bank of Scot. Group plc v. rbspayments, FA 728805 (Nat. Arb. Forum July 7, 2006) (transferring the <rbspayments.com> domain name where the respondent agreed to the transfer and did not contest any of the complainant’s allegations); see also 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). In its Additional Submission, Complainant concurs with Respondent’s request to transfer the domain name. In the opinion of the Panel, under these circumstances, it is inappropriate to issue any decision other than simply ordering the transfer of the domain name. DECISION For the reasons set forth above, the Panel concludes that the relief requested by Complainant and consented to by Respondent should be GRANTED. Accordingly, it is Ordered that the <lloydpontiac.com> domain name be TRANSFERRED from Respondent to Complainant. Louis E. Condon, Panelist Dated: April 20, 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.