Dame Elizabeth Taylor, The Elizabeth Taylor
Cosmetics Company and Interplanet Productions Limited v. Standard Bearer c/o
StandardBearerEnterprisesLimited
Claim Number: FA0903001252467
PARTIES
Complainants are Dame Elizabeth Taylor, The Elizabeth Taylor
Cosmetics Company and Interplanet
Productions Limited (“Complainants”), represented by Stephen J. Strauss, of Fulwider Patton LLP,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <elizabethtaylor.com>,
registered with Enom, 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.
Joel M. Grossman, Esq., as Panelist.
PROCEDURAL HISTORY
Complainants submitted a Complaint to the National Arbitration Forum
electronically on March 13, 2009; the National Arbitration Forum received a
hard copy of the Complaint on March 16, 2009.
On March 16, 2009, Enom, Inc. confirmed by e-mail to the National
Arbitration Forum that the <elizabethtaylor.com>
domain name is registered with Enom, Inc. and that the Respondent is the
current registrant of the name. Enom,
Inc. has verified that Respondent is bound by the Enom, Inc. 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 March 24, 2009, a Notification of Complaint and Commencement of
Administrative Proceeding (the “Commencement Notification”), setting a deadline
of April 13, 2009 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@elizabethtaylor.com by e-mail.
A Response was received in electronic copy only on April 13, 2009, however no hard
copy was received. The National Arbitration Forum therefore does
not consider the Response to be in compliance with ICANN Rule 5.
On April 15, 2009, pursuant to Complainants’
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Joel M. Grossman as Panelist.
RELIEF SOUGHT
Complainants request that the domain name be transferred from
Respondent to Complainants.
PARTIES’ CONTENTIONS
A. Complainants
Complainants are Elizabeth Taylor, the actress, her company,
Interplanet Productions, to which she assigned all rights in her name, and the
Elizabeth Taylor Cosmetics Company (“ETCC”). ETCC has obtained
Complainants next assert that Respondent has no rights or legitimate
interests in the domain name. They note that Respondent is not commonly known
by the name, and has not used the name in any legitimate way. The domain
resolves to a website with links to other websites which provide information
about Ms. Taylor and ETCC’s products, but such use is not a legitimate
noncommercial or fair use according to UDRP precedent.
Finally, Complainants assert that the name was registered and is being
used in bad faith. They assert that the purpose of the registration of the name
was to confuse and mislead Internet users interested in Ms. Taylor, who would
believe that this was her authorized website. Complainants also note that
Respondent’s holding but not using the domain name should also be deemed bad
faith. Finally, Complainants note that the mark is so well known that
Respondent had knowledge of the mark, at a minimum constructive knowledge, at
the time of registration.
B. Respondent
Respondent does not address any of the issues described above.
Respondent has submitted a one sentence electronic submission stating that it
is willing to transfer the domain name to Complainants.
FINDINGS
The Panel notes, as a preliminary matter,
that Respondent’s Response is not in compliance with ICANN Rule 5. Nevertheless
the Panel will, in light of the circumstances of this case, deem the Response
properly received.
The Panel finds that (1) the domain name is identical
to, or confusingly similar to, a mark in which Complainants have rights; (2)
Respondent has no rights or legitimate interests in the domain name; and (3)
the domain name was registered and is being used in bad faith.
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.
As noted above, Respondent has submitted a
Response stating that it is willing to transfer the domain name to
Complainants. Under these circumstances it is not necessary for the Panel to
discuss its findings any further, and the Panel declines to do so. See Boehringer Ingelheim Int’l GmbH v.
Modern Ltd. – Cayman Web. Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003).
As noted above, because Respondent consents
to the transfer, the Panel need not discuss the matter further.
As noted above, because the Respondent
consents to the transfer, the Panel need not discuss the matter further.
DECISION
Having established all three elements required under the ICANN Policy,
the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <elizabethtaylor.com>
domain name be TRANSFERRED from Respondent to Complainants.
Joel M. Grossman, Panelist
Dated: May 1, 2009
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