Coffeerio.com

The timeline behind coffeerio.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 Adams & Brooks Inc. v. Frank Guerra Claim Number: FA0706001013364 PARTIES Complainant is Adams & Brooks Inc. (“Complainant”), represented by Bryce J. Maynard, of Buchanan Ingersoll & Rooney PC, 1737 King Street Suite 500, Alexandria, VA 22314. Respondent is Frank Guerra (“Respondent”), PO Box 1230, Innisfail, Queensland 4860, Australia. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <coffeerio.com>, registered with Go Daddy Software, Inc. 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 June 20, 2007; the National Arbitration Forum received a hard copy of the Complaint on June 21, 2007. On June 20, 2007, Go Daddy Software, Inc. confirmed by e-mail to the National Arbitration Forum that the <coffeerio.com> domain name is registered with Go Daddy Software, Inc. and that Respondent is the current registrant of the name. Go Daddy Software, Inc. has verified that Respondent is bound by the Go Daddy Software, 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 June 25, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of July 16, 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@coffeerio.com by e-mail. A timely Response was received and determined to be complete on July 13, 2007. On July 24, 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 <coffeerio.com> domain name is confusingly similar to Complainant’s COFFEE RIO mark. 2. Respondent does not have any rights or legitimate interests in the <coffeerio.com> domain name. 3. Respondent registered and used the <coffeerio.com> domain name in bad faith. B. Respondent stated that he did not wish to contest this case and consents to the transfer of the <coffeerio.com> domain name to Complainant. Preliminary Issue: Consent to Transfer the Subject Domain Name Respondent does not contest any of Complainant’s allegations regarding the <coffeerio.com> domain name. Rather, Respondent has consented to judgment in favor of Complainant and authorized the immediate transfer of the subject domain name. The Panel therefore elects to forego the traditional UDRP analysis and order the immediate transfer of the domain name. 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.”). DECISION Accordingly, it is Ordered that the <coffeerio.com> domain name be TRANSFERRED from Respondent to Complainant. Sandra J. Franklin, Panelist Dated: August 1, 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.