National Arbitration Forum

 

DECISION

 

Fall Out Boy, Inc. v. Global Access c/o Domain Admin

Claim Number: FA0701000882167

 

PARTIES

Complainant is Fall Out Boy, Inc. (“Complainant”), represented by Peter E. Nussbaum, of Wolff & Samson PC, One Boland Drive, West Orange, NJ 07052.  Respondent is Global Access c/o Domain Admin (“Respondent”), represented by Paul Raynor Keating, of Renova, Ltd. Balmes 173 2º 2º, Barcelona 08006 Spain.

 

 

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <falloutboy.com>, registered with Fabulous.com Pty Ltd.

 

PANEL

The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.

 

Jeffrey H. Kaufman, as Panelist.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on January 5, 2007; the National Arbitration Forum received a hard copy of the Complaint on January 10, 2007.

 

On January 7, 2007, Fabulous.com Pty Ltd. confirmed by e-mail to the National Arbitration Forum that the <falloutboy.com> domain name is registered with Fabulous.com Pty Ltd. and that the Respondent is the current registrant of the name.  Fabulous.com Pty Ltd. has verified that Respondent is bound by the Fabulous.com Pty Ltd. 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 12, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of February 1, 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@falloutboy.com by e-mail.

 

A timely Response was received and determined to be complete on January 31, 2007.

 

On February 9, 2007, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Jeffrey H. Kaufman as Panelist.

 

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

 

PARTIES’ CONTENTIONS

A.     Complainant

 

Complainant, Fall Out Boy, Inc., asserts that it has service mark rights in the mark FALL OUT BOY dating back to its first use in commerce in the United States in early 2001, and that the domain name <falloutboy.com> is virtually identical, and confusingly similar to, its mark FALL OUT BOY.  Complainant also asserts that Respondent has no rights or legitimate interests in the domain name and that Respondent registered and is using the domain name in bad faith.

 

B.     Respondent

 

In its Response, Respondent provided a Stipulation of Transfer, in which it agreed to transfer the domain name.  Based upon this express stipulation, Respondent argues that it is inappropriate for the Panel to make any findings of fact.

 

FINDINGS

Complainant is the owner of United States service mark registration No. 2,769,371, for the mark FALL OUT BOY with a first use date of April 1, 2001.

 

According to the WHOIS record, the domain name <falloutboy.com> was registered on December 10, 2003.

 

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 its Response, Respondent consented to a transfer of the domain name <falloutboy.com> to Complainant.  In view of Respondent’s consent to the transfer, and in accordance with UDRP Rules 10 and 15, the Panel finds it unnecessary to issue findings of fact, and grants the relief requested by both Parties.  See The Body Shop Int’l, PLC v. Agri, Lacus, and Caelum LLC, FA 679564 (Nat. Arb. Forum May 25, 2006); see also Diners Club Int’l Ltd. v. Nokta Internet Techs., FA 720824 (Nat. Arb. Forum Aug. 2, 2006).

 

DECISION

Both parties having requested that the domain name be transferred to Complainant, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <falloutboy.com> domain name be TRANSFERRED from Respondent to Complainant.

 

 

 

Jeffrey H. Kaufman, Panelist
Dated: February 23, 2007

 

 

 

 

 

 

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