State Farm Mutual Automobile
Insurance Company v. Global Selling Network, LLC c/o Marvin Miller
Claim Number: FA0807001213541
PARTIES
Complainant is State Farm Mutual Automobile Insurance
Company (“Complainant”), represented
by Debra J.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <statefarmgivesback.info>, <statefarmgivesback.com>,
<statefarmgivesback.net> and <statefarmgivesback.org>,
registered with Wild West Domains, 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.
Hon. Sir Ian Barker as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on
On
On July 8, 2008, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of July 28, 2008 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@statefarmgivesback.info, postmaster@statefarmgivesback.com, postmaster@statefarmgivesback.net and postmaster@statefarmgivesback.org by e-mail.
A timely Response was received on
On
RELIEF SOUGHT
Complainant requests that the domain names be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Complainant is a nationally-known company in the insurance and
financial services industry. It has done
business under the name “State Farm” since 1930. It owns registered trademarks for “State
Farm” and “State Farm Insurance” and for several other trademarks incorporating
the words “State Farm.” It has developed
an Internet presence since 1995 with the domain name <statefarm.com>.
Complainant gave Respondent no rights to use the words “State Farm” for
which it has trademark rights.
Respondent registered the disputed domain names on April 30, 2008. Respondent, in May 2008, offered to sell the
disputed domain names to Complainant for more than the costs of registration –
i.e. for $500.00 per name.
B. Respondent
In the e-mail Response, Respondent offered the unlock codes for the
disputed domain names, without admitting any wrongdoing. Respondent did not seek any reimbursement or
compensation.
FINDINGS
Respondent has consented to the transfer to
Complainant of the disputed domain names by providing the unlock codes or not
seeking any compensation or reimbursement.
DISCUSSION
Paragraph 15(a) of the Rules for Uniform Domain
Name Dispute Resolution Policy (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 the 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 the Respondent is identical or confusingly similar to
a trademark or service mark in which the Complainant has rights;
(2)
the
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.
However, where a respondent has admitted that he/she/it does not have
an interest in a disputed domain name and has consented to the transfer of the
disputed domain name, the Panel may forego the traditional UDRP analysis and order
the immediate transfer of the disputed domain name. See
The same approach can be found in WIPO decisions, such as Williams-Sonoma Inc. v. VEZ-Port, D2000-0207 (WIPO May 8, 2000) and Slumberland France v. Acohuri D2000-0195
(WIPO June 14, 2000).
DECISION
Because of the Respondent’s acknowledgement and the above authorities,
the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <statefarmgivesback.info>, <statefarmgivesback.com>,
<statefarmgivesback.net> and <statefarmgivesback.org>
domain names be TRANSFERRED from Respondent to Complainant.
Hon. Sir Ian Barker, Panelist
Dated: August 19, 2008
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