Westmore · UDRP DecisionBarbiejatekok.net
The Panel ordered transfer of <barbiejatekok.net> based on Respondent's agreement to a voluntary transfer and expressly deemed consideration of the three UDRP elements unnecessary.
The timeline behind barbiejatekok.net
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The Panel did not decide registration and use in bad faith because Respondent agreed to transfer and consideration of the UDRP factors was deemed unnecessary.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
NATIONAL ARBITRATION FORUM DECISION Mattel, Inc. v. Sandor Rozalia Claim Number: FA1106001392997 PARTIES Complainant is Mattel, Inc. (“Complainant”), represented by Robyn S. Lederman of Cantor Colburn LLP, Michigan, USA. Respondent is Sandor Rozalia (“Respondent”), Hungary. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <barbiejatekok.net>, registered with Name.com 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 10, 2011; the National Arbitration Forum received payment on June 10, 2011. Complainant submitted an Amended Complaint on Jun 15, 2011, On June 13, 2011, Name.com LLC confirmed by e-mail to the National Arbitration Forum that the <barbiejatekok.net> domain name is registered with Name.com LLC and that Respondent is the current registrant of the name. Name.com LLC has verified that Respondent is bound by the Name.com LLC registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”). On June 16, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 6, 2011 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@barbiejatekok.net. Also on June 16, 2011, the Written Notice of the Complaint, notifying Respondent of the email addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts. A timely Response was received and determined to be complete on June 20, 2011. In this response, Respondent agreed to voluntary transference of the domain. On June, 16, 2011, 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 name be transferred from Respondent to Complainant. DECISION In view of the fact that Respondent has agreed to voluntarily transfer the domain, consideration of the UDRP factors required for Complainant to prevail is deemed unnecessary. 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.”). Accordingly, it is Ordered that the <barbiejatekok.net> domain name be TRANSFERRED from Respondent to Complainant. David S. Safran, Panelist Dated: June 27, 2011 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page
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