Enterprise
Rent-A-Car Company v. Harold Almon
Claim Number: FA0502000422884
PARTIES
Complainant is Enterprise Rent-A-Car Company (“Complainant”), represented by Vicki L. Little, of Schultz and Little, L.L.P., 640 Cepi Drive, Ste. A, Chesterfield, MO 63005-1221. Respondent is Harold Almon (“Respondent”), 13763 Spring Grove Ave., Dallas, TX 75240.
REGISTRAR AND
DISPUTED DOMAIN NAME
The domain name at issue is <enterprise-car-rentals.com>, registered with Schlund+Partner Ag.
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.
Linda M. Byrne as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum electronically on February 17, 2005; the National Arbitration Forum received a hard copy of the Complaint on February 18, 2005.
On February 18, 2005, Schlund+Partner Ag confirmed by e-mail to the National Arbitration Forum that the domain name <enterprise-car-rentals.com> is registered with Schlund+Partner Ag and that the Respondent is the current registrant of the name. Schlund+Partner Ag has verified that Respondent is bound by the Schlund+Partner Ag 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 February 21, 2005, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of March 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@enterprise-car-rentals.com by e-mail.
A timely Response was received and determined to be complete on March 1, 2005.
On
March 8, 2005, pursuant to Complainant’s request to have the dispute decided by
a single-member Panel, the National
Arbitration Forum appointed Linda M. Byrne as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Complainant contends that Respondent's <enterprise-car-rentals.com> domain name is confusingly similar to its ENTERPRISE trademarks; that Respondent does not have any rights or legitimate interests with respect to the domain name or to Complainant’s marks; and that the infringing domain name was registered and being used by Respondent in bad faith.
B. Respondent
In his Response, Respondent indicates that he would like the <enterprise-car-rentals.com> domain name to be transferred to Complainant. Respondent also contends that he cancelled the domain name and was waiting for the domain name to close.
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.”
In his response, Respondent states “I do not want this [<enterprise-car-rentals.com>] domain name and would like the domain to be transferred to Enterprise Rent-A-Car Company.” Where such a stipulation is made, the Panel may simply order the transfer of the domain name. 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.”).
Thus, the Panel declines to make any finding of fact or of compliance or lack thereof with the Policy.
DECISION
Having established that both parties request that the <enterprise-car-rentals.com> domain name be transferred to Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <enterprise-car-rentals.com> domain name be TRANSFERRED from Respondent to Complainant.
Linda M. Byrne, Panelist
Dated: March 22, 2005
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