Disneycasting.com

The timeline behind disneycasting.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 Disney Enterprises, Inc. v. Texas International Property Associates Claim Number: FA0703000945379 PARTIES Complainant is Disney Enterprises, Inc. (“Complainant”), represented by Annie S. Wang, of J. Andrew Coombs, A Professional Corporation, 450 North Brand Boulevard, Suite 600, Glendale, CA 91203-2349. Respondent is Texas International Property Associates (“Respondent”), represented by Gary Wayne Tucker, of Law Office of Gary Wayne Tucker, PO Box 703431, Dallas, TX 75370. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <disneycasting.com>, registered with Compana, Llc. PANEL The undersigned certifies that she has acted independently and impartially and to the best of her knowledge has no known conflict in serving as Panelist in this proceeding. Sandra J. Franklin as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on March 26, 2007; the National Arbitration Forum received a hard copy of the Complaint on March 27, 2007. On April 4, 2007, Compana, Llc confirmed by e-mail to the National Arbitration Forum that the <disneycasting.com> domain name is registered with Compana, Llc and that Respondent is the current registrant of the name. Compana, Llc has verified that Respondent is bound by the Compana, 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 April 6, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of April 26, 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@disneycasting.com by e-mail. A timely Response was received and determined to be complete on April 26, 2007. On May 3, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Sandra J. Franklin as Panelist. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. PARTIES’ CONTENTIONS A. Complainant makes the following assertions: 1. Respondent’s <disneycasting.com> domain name is confusingly similar to Complainant’s DISNEY mark. 2. Respondent does not have any rights or legitimate interests in the <disneycasting.com> domain name. 3. Respondent registered and used the <disneycasting.com> domain name in bad faith. B. Respondent agreed to the transfer of the domain name to Complainant and requested that the Panel refrain from making any specific findings in this case. FINDINGS The Panel finds that, due to Respondent’s consent and to the famous nature of Complainant Disney’s business activities and marks, it is not necessary, nor would it be instructive, to make a formal analysis in this case. 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 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 Therefore, the Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <disneycasting.com> domain name be TRANSFERRED from Respondent to Complainant. Sandra J. Franklin, Panelist Dated: May 17, 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.