Westmore · UDRP decision
FORUM · Case No. FA0703000944199

Allandameronrealty.com, Dameronrealty.com, Lydiadameron.com

TransferFORUM-indexed · informational, not legal advice

The Panel ordered all three disputed domain names transferred after Respondent agreed to the requested transfer. Because the parties' requested disposition was identical, the Panel did not analyze the three UDRP elements.

Outcome
Transfer
At a glance
Provider
FORUM
Outcome
Transfer
Decision date
2007-05-21
Panelist(s)
Kendall C. Reed
Complainant
Allan Dameron Realty, Inc. and Lydia Dameron
Respondent
Shane Holden
Counsel
Holly A. Coldiron
Disputed domain(s)
allandameronrealty.com, dameronrealty.com, lydiadameron.com
Citation weightrelies on 3 authorities
Domain history UDRP Intelligence

The timeline behind allandameronrealty.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 allandameronrealty.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
Outcome by domain

How each disputed name was decided in this proceeding.

allandameronrealty.comTransferred
dameronrealty.comTransferred
lydiadameron.comTransferred
Verified public record
Outcome & remedy
Complaint granted. Panel ordered transfer of allandameronrealty.com.
Reverse Domain Name Hijacking
No RDNH raised.
Westmore Insight

The Panel did not decide registration or use in bad faith because Respondent agreed to transfer the domain names and the Panel found a Policy analysis unnecessary.

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
2007-05-21
Panel
Kendall C. Reed
Full decision
3 min read · hosted by Westmore

NATIONAL ARBITRATION FORUM DECISION Allan Dameron Realty, Inc. and Lydia Dameron v. Shane Holden Claim Number: FA0703000944199 PARTIES Complainant is Allan Dameron Realty, Inc. and Lydia Dameron (collectively, “Complainant”), represented by Holly A. Coldiron, 5410 Trinity Road, Suite 400, Raleigh, NC 27607. Respondent is Shane Holden (“Respondent”), 2606 Brittle Star Circle, Supply, NC 28462. REGISTRAR AND DISPUTED DOMAIN NAMES The domain names at issue are <allandameronrealty.com>, <dameronrealty.com>, and <lydiadameron.com>, registered with Enom, 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. Kendall C. Reed as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on March 20, 2007; the National Arbitration Forum received a hard copy of the Complaint on March 26, 2007. On March 21, 2007, Enom, Inc. confirmed by e-mail to the National Arbitration Forum that the <allandameronrealty.com>, <dameronrealty.com>, and <lydiadameron.com> domain names are registered with Enom, Inc (“Respondent’s Domain Names”) and that Respondent is the current registrant of the name. Enom, Inc. has verified that Respondent is bound by the Enom, 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 April 3, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of April 23, 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@allandameronrealty.com, postmaster@dameronrealty.com, and postmaster@lydiadameron.com by e-mail. On April 23, 2007, a timely Response was received. On April 27, 2007, a timely Additional Submission was received from Complainant. On May 9, 2007, an Additional Response was received from Respondent. On May 8, 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 Respondent’s Domain Names be transferred from Respondent to Complainant. DECISION In Respondent’s communication dated May 9, 2007, which this Panel accepts pursuant to ICANN Rule 10 as an Additional Response, it agrees to the transfer of Respondent’s Domain Names 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.”). Accordingly, it is Ordered that the <allandameronrealty.com>, <dameronrealty.com>, and <lydiadameron.com> domain names be TRANSFERRED from Respondent to Complainant. Kendall C. Reed, Panelist Dated: May 21, 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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