June Bug Enterprises, Inc. v.
Terry Neal c/o LSC
Claim Number: FA0611000857652
PARTIES
Complainant is June Bug Enterprises, Inc. (“Complainant”), represented by Stephen
J. Strauss, of Fulwider Patton Lee & Utecht, LLP,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <magicjohnson.mobi>, registered with PublicDomainRegistry.COM.
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.
Alan L. Limbury, as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on November 30, 2006; the
National Arbitration Forum received a hard copy of the Complaint on December 4, 2006.
On March 23, 2007, PublicDomainRegistry.COM confirmed by e-mail to
the National Arbitration Forum that the <magicjohnson.mobi> domain name is
registered with PublicDomainRegistry.COM
and that Respondent is the current registrant of the name. PublicDomainRegistry.COM
has verified that Respondent is bound by the PublicDomainRegistry.COM
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 29, 2007, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of April 18, 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@magicjohnson.mobi by e-mail.
A Response was received electronically on April 18, 2007 but no hard copy was submitted, as required by paragraph
5(b) of ICANN’s Rules for Uniform Domain Name Dispute Resolution Policy (“the Rules”). Nevertheless
the Panel, in its discretion, has considered the Response.
On April 24, 2007, Complainant filed an Additional Submission one day
after the time for compliance with The National Arbitration Forum’s Supplemental
Rule 7. Nevertheless, the Panel, in its discretion, has considered the
Additional Submission.
On April 26, 2007, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Alan L. Limbury as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant, June Bug Enterprises, Inc., makes the following assertions:
1. Mr. Earvin “Magic” Johnson, Jr. is a famous professional basketball player.
2. Mr. Johnson assigned his rights in his name, likeness and image to his company, June Bug Enterprises, Inc., Complainant, which is the owner of a number of United States Trademark and Service Mark registrations for MAGIC JOHNSON for clothing, footwear and entertainment services.
3. Respondent’s <magicjohnson.mobi> domain name is confusingly similar to Complainant’s MAGIC JOHNSON mark.
4. Respondent does not have any rights or legitimate interests in the <magicjohnson.mobi> domain name.
5. Respondent registered and used the <magicjohnson.mobi> domain name in bad faith.
B. Respondent
While contesting the allegations of
bad faith made in the Complaint, Respondent agrees to the transfer of the
domain name, saying he is “releasing/transferring
the domain name <magicjohnson.mobi>
to the complainant, June Bug Enterprises beginning immediately.”
C. Additional Submission
Complainant submits that, since Respondent has agreed to transfer the domain name to Complainant, the Panel may decide to forego the traditional UDRP analysis and order the transfer of the domain name.
FINDINGS
For the reasons set forth below,
the Panel finds that the domain name should be transferred.
DISCUSSION
Paragraph 15(a) of 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 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 Respondent is
identical or confusingly similar to a trademark or service mark in which
Complainant has rights;
(2) 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.
Despite denying bad
faith, Respondent has agreed to transfer the <magicjohnson.mobi> domain name to
Complainant. Under these circumstances
the Panel may forego the above analysis and may order the transfer of the
domain name.
DECISION
Therefore, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <magicjohnson.mobi> domain name be TRANSFERRED
from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: May 2, 2007
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