Prolastin2.com, Prolastinmp.com

The timeline behind prolastin2.com

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

How each disputed name was decided in this proceeding.

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

NATIONAL ARBITRATION FORUM DECISION Talecris Biotherapeutics, Inc. v. hawkey gang Claim Number: FA0803001169957 PARTIES Complainant is Talecris Biotherapeutics, Inc. (“Complainant”), represented by Maury M. Tepper, of Womble Carlyle Sandridge & Rice, PLLC, North Carolina, USA. Respondent is hawkey gang (“Respondent”), New York, USA. REGISTRAR AND DISPUTED DOMAIN NAMES The domain names at issue are <prolastin2.com> and <prolastinmp.com>, registered with Godaddy.com, 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. Richard DiSalle as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on March 26, 2008; the National Arbitration Forum received a hard copy of the Complaint on March 27, 2008. On March 27, 2008, Godaddy.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <prolastin2.com> and <prolastinmp.com> domain names are registered with Godaddy.com, Inc. and that Respondent is the current registrant of the name. Godaddy.com, Inc. has verified that Respondent is bound by the Godaddy.com, 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 March 28, 2008, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of April 17, 2008 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@prolastin2.com and postmater@prolastinmp.com by e-mail. Respondent submitted a Response to the National Arbitration Forum in electronic form in a timely manner; however, the National Arbitration Forum did not receive the hard copy of this Response within the Response deadline. On April 25, 2008, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Richard DiSalle as Panelist. RELIEF SOUGHT Complainant requests that the domain names be transferred from Respondent to Complainant. FINDINGS Respondent does not contest any of Complainant’s allegations regarding the <prolastin2.com> and <prolastinmp.com> domain names. Rather, Respondent has requested the Panel to order the immediate transfer of the subject domain name to the Complainant. The Panel has decided, in a circumstance such as this, where Respondent has consented to the transfer of the disputed domain name, 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 <prolastin2.com> and <prolastinmp.com> domain names be TRANSFERRED from Respondent to Complainant. Richard DiSalle, Panelist Dated: May 9, 2008 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.