Westmore · UDRP DecisionCapitalspringfunds.com
The Panel ordered transfer of <capitalspringfunds.com> based on Respondent’s express consent to transfer and the parties’ common requested remedy, while foregoing the traditional UDRP analysis.
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The Panel made no finding on bad-faith registration or use because it ordered transfer by consent without conducting the traditional UDRP analysis.
Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.
NATIONAL ARBITRATION FORUM DECISION CSFC Management Company, LLC v. Peter Ribeiro / CG Claim Number: FA2602002203876 PARTIES Complainant is CSFC Management Company, LLC ("Complainant"), represented by Emily Stein of Cowan, Liebowitz & Latman, P.C., New York, USA. Respondent is Peter Ribeiro / CG ("Respondent"), Nevada, USA. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <capitalspringfunds.com> ("Domain Name"), registered with NameCheap, Inc. 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 February 5, 2026; Forum received payment on February 5, 2026. On February 9, 2026, NameCheap, Inc. confirmed by e-mail to Forum that the <capitalspringfunds.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 February 10, 2026, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 2, 2026 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@capitalspringfunds.com. Also on February 10, 2026, 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 formal response from Respondent, Forum transmitted to the parties a Notification of Respondent Default. On March 3, 2026, 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. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, 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. PRELIMINARY ISSUE: CONSENT TO TRANSFER Forum received an email from Respondent on February 11, 2026, stating: "You can transfer to them". The Panel is satisfied that this material demonstrates an intent from Respondent not to contest the proceeding and consent to the transfer of the Domain Name to the Complainant. 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 <capitalspringfunds.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 <capitalspringfunds.com> domain name be TRANSFERRED from Respondent to Complainant. Nicholas J.T. Smith, Panelist Dated: March 3, 2026 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page
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