Euroclear Plc. v. Intensed
Creations Inc. c/o Randy Lorenzano
Claim Number: FA0702000918540
PARTIES
Complainant is Euroclear Plc. (“Complainant”), represented by Ryan
M. Kaatz, of Ladas & Parry, Digital Brands Practice,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <euroclearinquiry.com>, registered
with Direct
Information Pvt Ltd d/b/a 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.
Honorable Karl V. Fink (Ret.), as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on February 15, 2007; the
National Arbitration Forum received a hard copy of the Complaint on February 21, 2007.
On February 16, 2007, Direct Information Pvt Ltd d/b/a
Publicdomainregistry.com confirmed by e-mail to the National Arbitration
Forum that the <euroclearinquiry.com> domain name is registered with Direct Information Pvt Ltd d/b/a
Publicdomainregistry.com and that the Respondent is the current
registrant of the name. Direct Information Pvt Ltd d/b/a
Publicdomainregistry.com has verified that Respondent is bound by the Direct Information Pvt Ltd d/b/a
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 February 23, 2007, a
Notification of Complaint and Commencement of Administrative Proceeding (the
“Commencement Notification”), setting a deadline of March 15, 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@euroclearinquiry.com by
e-mail.
A timely Response was received on February
26, 2007.
On March 5, 2007, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Honorable Karl V. Fink (Ret.), as Panelist.
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant makes the following assertions:
1. Respondent’s
<euroclearinquiry.com> domain name is confusingly similar to
Complainant’s EUROCLEAR mark.
2. Respondent
does not have any rights or legitimate interests in the <euroclearinquiry.com>
domain name.
3. Respondent
registered and used the
<euroclearinquiry.com> domain name in bad faith.
B. Respondent
In its response does not contest Complainant’s claims and agrees that
the domain name may be transferred to Complainant.
FINDINGS
For the reasons set forth below, the Panel
will not make any findings of fact.
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 this case, Complainant has
requested that the disputed domain name be transferred to it and Respondent agreed that the Domain Name be transferred to
Complainant. Under such circumstances,
and consistent with the decision of other panels, the Panel decides that it may
order the transfer of the domain name to Complainant without engaging in the
traditional UDRP analysis. See, e.g. H. Savinar Luggage Co., Inc. v. ANY-Web Ltd, FA874177
(Nat. Arb. Forum February 12, 2007; The Body Shop International plc v. Agri, Lacus, and Caelum LLC, FA
679564 (Nat. Arb. Forum May 25, 2006); Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653
(Nat. Arb. Forum Jan. 13, 2004); Boehringer Ingelheim International GmbH v. Modern Limited – Cayman Web
Development, FA 133625 (Nat. Arb.
Forum Jan. 9, 2003); Alstyle Apparel/Active Wear v. John Schwab
d/b/a Alstyle de Mexico, FA 170616 (Nat. Arb. Forum Sept. 8, 2003); The Royal Bank of Scotland Group plc v.
rbspayments, FA 728805 (Nat. Arb.
Forum July 7, 2006); Disney Enters. Inc. v. Morales, FA
475191 (June 24, 2005). As held in these
cases, where, as here, Respondent has consented to Complainant’s request that
the domain name in issue be transferred, the panel has no need to do anything
other than to recognize the agreed to request and has no mandate to make
findings of fact or of compliance with the Policy.
DECISION
Accordingly, it is Ordered that the <euroclearinquiry.com>
domain name be TRANSFERRED from Respondent to Complainant.
Honorable Karl V. Fink (Ret.), Panelist
Dated: March 14, 2007
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page