Lake Receptions, Inc. v. Richard Kelsey
Claim Number: FA0501000404428
PARTIES
Complainant
is Lake Receptions, Inc. (“Complainant”),
represented by Lori T. Milvain, 390 North Orange Avenue, Suite 600,
Orlando, FL 32801. Respondent is Richard
Kelsey (“Respondent”), P.O. Box 1677, Umatilla, FL 32784.
REGISTRAR and DISPUTED
DOMAIN NAMES
The
domain names at issue are <lakereceptions.com>, <lakereceptions.net>,
and <lakereceptions.org>, registered with Network Solutions, Inc.
PANEL
The
undersigned Daniel B. Banks, Jr., as Panelist, 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.
PROCEDURAL HISTORY
Complainant
submitted a Complaint to the National Arbitration Forum electronically on January
14, 2005; the National Arbitration Forum received a hard copy of the Complaint
on January 18, 2005.
On
January 14, 2005, Network Solutions, Inc. confirmed by e-mail to the National
Arbitration Forum that the domain names <lakereceptions.com>, <lakereceptions.net>, and <lakereceptions.org>
are registered with Network Solutions, Inc. and that Respondent is the current
registrant of the names. Network Solutions, Inc. has verified that Respondent
is bound by the Network Solutions, 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
January 25, 2005, a Notification of Complaint and Commencement of
Administrative Proceeding (the “Commencement Notification”), setting a deadline
of February 14, 2005 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@lakereceptions.com,
postmaster@lakereceptions.net, and postmaster@lakereceptions.org by e-mail.
An
untimely Response was received on February 17, 2005 but was considered by the
Panelist.
On February 21, 2005, pursuant to Complainant’s request
to have the dispute decided by a single-member
Panel, the National Arbitration Forum
appointed Daniel B. Banks, Jr., as Panelist.
Procedural Issues
Although
Respondent failed to submit its Response by the deadline set forth in
accordance with ICANN Rule 5(a), and did not submit a hard copy of the Response
in accordance with ICANN Rule 5(b), the Panel has discretion and did give weight to the contents of
the deficient Response. See Telstra Corp. v. Chu,
D2000-0423 (WIPO June 21, 2000) (finding that any weight to be given to the
lateness of the Response is solely in the discretion of the Panelist); see
also Six Continents Hotels, Inc. v. Nowak, D2003-0022 (WIPO
March 4, 2003) (holding that Respondent’s failure to submit a hard copy of the
Response and its failure to include any evidence to support a finding in its
favor placed Respondent in a de facto default posture, and the Panel
draws all appropriate inferences stated in Complaint); see also Strum v.
Nordic Net Exch. AB, FA 102843 (Nat. Arb. Forum Feb. 21, 2002) (finding
that in accordance with Paragraph 14(b) of the Policy, the Panel may draw such
inferences as it considers appropriate, if Respondent fails to comply with the
Panel’s requests for information).
In
his untimely Response, Respondent denies the factual allegations of the
Complaint but asserts that the <lakereceptions.com>, <lakereceptions.net>, and <lakereceptions.org> domain names are not critical to his
business. He goes on to state that in
the interest of saving the cost involved in defending his position the
Complainant can have the names. This is
tantamount to a stipulation that the Panel may transfer the disputed domain
name registrations to Complainant.
Findings
The
Panel finds that where such a stipulation is made, the Panel may simply
transfer the domain names. See Boehringer Ingelheim Int’l GmbH v. Modern
Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003)
(transferring the domain name registration where Respondent stipulated to the
transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc.,
FA 212653 (Nat Arb. 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.”)
FINDING
The
Respondent having stipulated to the transfer of the disputed domain names to
the Complainant, the undersigned
finds that it has no obligation to do anything other than recognize the common
request of the parties and makes no further findings of fact or of compliance
with the Policy.
DECISION
The
Panel concludes that relief shall be GRANTED on stipulation of the Respondent.
Accordingly, it is Ordered that the <lakereceptions.com>,
<lakereceptions.net>, and <lakereceptions.org> domain
names be TRANSFERRED from Respondent to Complainant.
Daniel B. Banks, Jr., Panelist
Dated: March 4, 2005
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