Disney Enterprises, Inc. v.
Claim Number: FA0703000945379
PARTIES
Complainant is Disney Enterprises, Inc. (“Complainant”), represented by Annie
S. Wang, of J. Andrew Coombs, A Professional
Corporation,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <disneycasting.com>, registered with Compana, Llc.
PANEL
The undersigned certifies that she has acted independently and
impartially and to the best of her knowledge has no known conflict in serving
as Panelist in this proceeding.
Sandra J. Franklin as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on
On April 4, 2007, Compana, Llc confirmed by e-mail to the
National Arbitration Forum that the <disneycasting.com> domain name is
registered with Compana, Llc and that
Respondent is the current registrant of the name. 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 April 6, 2007, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of April 26, 2007
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@disneycasting.com by
e-mail.
A timely Response was received and determined to be complete on
On
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant makes the following assertions:
1. Respondent’s <disneycasting.com> domain name is confusingly similar to Complainant’s DISNEY mark.
2. Respondent does not have any rights or legitimate interests in the <disneycasting.com> domain name.
3. Respondent registered and used the <disneycasting.com> domain name in bad faith.
B. Respondent agreed to the transfer of the domain name to Complainant and requested that the Panel refrain from making any specific findings in this case.
FINDINGS
The Panel finds that, due to Respondent’s
consent and to the famous nature of Complainant Disney’s business activities
and marks, it is not necessary, nor would it be instructive, to make a formal
analysis in this case. See
Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625
(Nat. Arb. Forum
DECISION
Therefore, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <disneycasting.com> domain name be TRANSFERRED
from Respondent to Complainant.
Sandra J. Franklin, Panelist
Dated: May 17, 2007
Click Here to return
to the main Domain Decisions Page.
Click
Here to return to our Home Page
National
Arbitration Forum