Westmore · UDRP decision
FORUM · Case No. FA2501002138152

Wearevision6.com

TransferFORUM-indexed · informational, not legal advice

The Panel ordered transfer of <wearevision6.com> based on Respondent’s consent to transfer and the parties’ common requested remedy, without conducting the traditional three-element UDRP analysis.

Outcome
Transfer
At a glance
Provider
FORUM
Outcome
Transfer
Decision date
2025-02-24
Panelist(s)
Nicholas J.T. Smith
Complainant
Vision6 Pty Ltd
Respondent
Thomas Smith / Berkeley Executives
Counsel
Robert J. English
Law firm
Cowan, Liebowitz & Latman, P.C.
Disputed domain(s)
wearevision6.com
Citation weightrelies on 3 authorities
Domain history UDRP Intelligence

The timeline behind wearevision6.com

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

Westmore reconstructs the full history behind wearevision6.com — from public RDAP and the Internet Archive — as part of UDRP Intelligence:

Registration → decision → today timeline
Archived Wayback evidence of what the site showed
Registry bad-faith signals
The live current registrant
Available in UDRP Intelligence
Verified public record
Outcome & remedy
Complaint granted. Panel ordered transfer of wearevision6.com.
Reverse Domain Name Hijacking
No RDNH raised.
Westmore Insight

The Panel made no bad-faith determination because it expressly chose to forego the traditional UDRP analysis and ordered transfer by consent.

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
2025-02-24
Panel
Nicholas J.T. Smith
Full decision
4 min read · hosted by Westmore

NATIONAL ARBITRATION FORUM DECISION Vision6 Pty Ltd v. Thomas Smith / Berkeley Executives Claim Number: FA2501002138152 PARTIES Complainant is Vision6 Pty Ltd ("Complainant"), represented by Robert J. English of Cowan, Liebowitz & Latman, P.C., New York, USA. Respondent is Thomas Smith / Berkeley Executives ("Respondent"), Texas, USA. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <wearevision6.com> ("Domain Name"), registered with One.com A/S. PANEL The undersigned certifies that they have acted independently and impartially and to the best of their knowledge have no known conflict in serving as Panelist in this proceeding. Nicholas J.T. Smith as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to Forum electronically on January 31, 2025; Forum received payment on January 31, 2025. On February 3, 2025, One.com A/S confirmed by e-mail to Forum that the <wearevision6.com> domain name is registered with One.com A/S and that Respondent is the current registrant of the name. One.com A/S has verified that Respondent is bound by the One.com A/S 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 February 4, 2025, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 24, 2025 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@wearevision6.com. Also on February 4, 2025, 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. A timely Response was received and determined to be complete on February 24, 2025. On February 24, 2025, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Nicholas J.T. Smith as Panelist. Having reviewed the communications records, the Administrative Panel (the "Panel") finds that 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. RELIEF SOUGHT Complainant requests that the Domain Name be transferred from Respondent to Complainant. PRELIMINARY ISSUE: CONSENT TO TRANSFER Respondent in its Response filed has indicated that it has no interest int the Domain Name and has consented to transfer the Domain Name to the Complainant, without compensation, as a resolution to the proceeding, including providing details to facilitate the transfer. In a circumstance such as this, where Respondent has not contested the transfer of the Domain Name, but instead agrees to transfer the Domain Name to Complainant, the Panel is authorized to forego the traditional UDRP analysis. This Panel, in recognition of the common request of the parties, in the interests of judicial expedience, and in the absence of any aggravating circumstances, has so decided to forego the traditional UDRP analysis and to order an immediate transfer of the <wearevision6.com> domain name. See 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 Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (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 (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 As the remedy of the Complainant and the request of the Respondent both sought to transfer the Domain Name from the Respondent to the Complainant, the Panel concludes that such relief shall be GRANTED. Accordingly, it is Ordered that the <wearevision6.com> domain name be TRANSFERRED from Respondent to Complainant. Nicholas J.T. Smith, Panelist Dated: February 24, 2025 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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