Westmore · UDRP decision
FORUM · Case No. FA0806001211672

Acccountemps.com, Accoountemps.com

TransferFORUM-indexed · informational, not legal advice

The Panel ordered both disputed domain names transferred after Respondent consented to the requested transfer. It expressly declined to conduct the traditional UDRP analysis.

Outcome
Transfer
At a glance
Provider
FORUM
Outcome
Transfer
Decision date
2008-08-20
Panelist(s)
David S. Safran
Complainant
Robert Half International Inc.
Respondent
Texas International Property Associates - NA NA
Counsel
Britton Payne
Law firm
Foley & Lardner LLP; Law Office of Gary Wayne Tucker
Disputed domain(s)
acccountemps.com, accoountemps.com
Citation weightrelies on 3 authorities
Domain history UDRP Intelligence

The timeline behind acccountemps.com

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

Reconstructing the record for acccountemps.com…
Outcome by domain

How each disputed name was decided in this proceeding.

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

The Panel made no finding on bad-faith registration or use because it decided to forego the traditional UDRP analysis following Respondent's consent to transfer.

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
2008-08-20
Panel
David S. Safran
Full decision
3 min read · hosted by Westmore

NATIONAL ARBITRATION FORUM DECISION Robert Half International Inc. v. Texas International Property Associates - NA NA Claim Number: FA0806001211672 PARTIES Complainant is Robert Half International Inc. (“Complainant”), represented by Britton Payne, of Foley & Lardner LLP, New York, USA. Respondent is Texas International Property Associates - NA NA (“Respondent”), represented by Gary Wayne Tucker, of Law Office of Gary Wayne Tucker, Texas, USA. REGISTRAR AND DISPUTED DOMAIN NAMES The domain names at issue are <acccountemps.com> and <accoountemps.com>, registered with Compana, LLC. PANEL The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding. David S. Safran, as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on June 23, 2008; the National Arbitration Forum received a hard copy of the Complaint on June 26, 2008. On June 30, 2008, Compana, LLC confirmed by e-mail to the National Arbitration Forum that the <acccountemps.com> and <accoountemps.com> domain names are registered with Compana, LLC and that the Respondent is the current registrant of the names. 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 July 7, 2008, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of July 28, 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@acccountemps.com and postmaster@accoountemps.com by e-mail. A timely Response was received and determined to be complete on July 28, 2008. On August 6, 2008, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed David S. Safran as Panelist. RELIEF SOUGHT Complainant requests that the domain names be transferred from Respondent to Complainant. DECISION Respondent has consented to transfer the <acccountemps.com> and <accoountemps.com> domain names to Complainant. As a result, the Panel finds that, in a circumstance such as this, where Respondent has not contested the transfer of the disputed domain names, but instead agrees to transfer the domain names in question to Complainant, the Panel has decided to forego the traditional UDRP analysis and order an immediate transfer of the <acccountemps.com> and <accoountemps.com> domain names. 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.”). Therefore, the Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <acccountemps.com> and <accoountemps.com> domain names be TRANSFERRED from Respondent to Complainant. ___________________________________________________ David S. Safran, Panelist Dated: August 20, 2008 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page NATIONAL ARBITRATION FORUM Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page

Source of record: FORUM . Reproduced for research; FORUM is the authoritative source.

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