Ustocktradeenhancementsuite.com

The timeline behind ustocktradeenhancementsuite.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.

DECISION Ustocktrade, LLC v. Jarad DeLorenzo / Lasertoast LLC Claim Number: FA1901001824280 PARTIES Complainant is Ustocktrade, LLC (“Complainant”), represented by James A. Blanchette of Cesari & McKenna LLP, Massachusetts, USA. Respondent is Jarad DeLorenzo / Lasertoast LLC (“Respondent”), New Jersey, USA. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <ustocktradeenhancementsuite.com>, registered with NameCheap, 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 Hill as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the Forum electronically on January 8, 2019; the Forum received payment on January 8, 2019. On January 9, 2019, NameCheap, Inc. confirmed by e-mail to the Forum that the <ustocktradeenhancementsuite.com> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. 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 January 14, 2019, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 4, 2019 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@ustocktradeenhancementsuite.com. Also on January 14, 2019, the Written Notice of the Complaint, notifying Respondent of the e-mail 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. Having received no response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default. Respondent did however send an e-mail to the Forum, see below. On February 8, 2019 pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Richard Hill as Panelist. Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. PARTIES' CONTENTIONS A. Complainant Complainant states that it operates a securities alternative trading system tailored towards retail investors. Complainant has rights in the USTOCKTRADE mark based upon registration in the United States in 2016. Complainant alleges that the disputed domain name is confusingly similar to its mark as it incorporates the mark in entirety and merely adds the generic terms “enhancement” and “suit” along with the “.com” generic top-level domain (“gTLD”). According to Complainant, Respondent does not have rights or legitimate interests in the disputed domain name. Respondent is not permitted or licensed to use Complainant’s USTOCKTRADE mark and is not commonly known by the disputed domain name. Additionally, Respondent is not using the disputed domain name to make a bona fide offering of goods or services or for a legitimate non-commercial or fair use. Rather, Respondent uses the disputed domain name to pass off as Complainant and offer competing goods and services. Further, says Complainant, Respondent registered and uses the disputed domain name in bad faith. Respondent attempts to divert users to the disputed domain name and offer competing goods and services for commercial gain. Moreover, Respondent had actual knowledge or constructive notice of Complainant’s USTOCKTRADE mark prior to registering the disputed domain name. B. Respondent Respondent failed to submit a Response in this proceeding. In its e-mail to the Forum, Respondent states, in pertinent part: “I'm happy to transfer the domain and cease use of the UStocktrade logo and name”. FINDINGS For the reasons set forth below, the Panel will not make any findings of fact. DISCUSSION Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable." Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred: (1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and (2) Respondent has no rights or legitimate interests in respect of the domain name; and (3) the domain name has been registered and is being used in bad faith. Paragraph 15(a) of the Rules instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable." In the present case, the parties have both asked for the domain name to be transferred to the Complainant. In accordance with a general legal principle governing arbitrations as well as national court proceedings, this Panel holds that it cannot act nec ultra petita nec infra petita, that is, that it cannot issue a decision that would be either less than requested, nor more than requested by the parties. 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 Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Forum Jan. 13, 2004); see also Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (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 (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.”). Identical and/or Confusingly Similar For the reasons set forth above, the Panel will not analyze this element of the Policy. Rights or Legitimate Interests For the reasons set forth above, the Panel will not analyze this element of the Policy. Registration and Use in Bad Faith For the reasons set forth above, the Panel will not analyze this element of the Policy. DECISION Given the common request of the Parties, it is Ordered that the <ustocktradeenhancementsuite.com> domain name be TRANSFERRED from Respondent to Complainant. Richard Hill, Panelist Dated: February 8, 2019 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.