Westmore · UDRP DecisionAllandameronrealty.com, Dameronrealty.com, Lydiadameron.com
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.
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.
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How each disputed name was decided in this proceeding.
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.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
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
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