Sonic-Lloyd
Pontiac-Cadillac, Inc. d/b/a Lloyd Pontiac-Cadillac-GMC v. Montanya lLtd
Claim Number: FA0703000934545
PARTIES
Complainant is Sonic-Lloyd Pontiac-Cadillac, Inc. d/b/a Lloyd
Pontiac-Cadillac-GMC (“Complainant”),
represented by Ashley L. Ellis, of Parker, Poe, Adams & Bernstein L.L.P.,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <lloydpontiac.com>, registered with Name.net Llc.
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.
Louis E. Condon as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on
On March 13, 2007, Name.net Llc confirmed by e-mail to the
National Arbitration Forum that the <lloydpontiac.com> domain name is
registered with Name.net Llc and that
Respondent is the current registrant of the name. Name.net Llc
has verified that Respondent is bound by the Name.net
Llc 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 20, 2007, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of April 9, 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@lloydpontiac.com by e-mail.
Respondent’s Response, received on
April 11, 2007, was untimely, as it was received after
the deadline for a Response of April 9, 2007. However, the Panel has discretion whether or not to consider
Respondent’s submission even though it is not in compliance with Supplemental
Rule 5(a). Because of the nature of the
Response, the Panel has elected to consider it in this instance as set forth below.
Complainant timely filed an Additional Submission in reply to
Respondent’s Response
duly noting that, since both parties seek the same remedy and Respondent does
not contest the transfer of the domain name, it is equitable to transfer the
domain name to Complainant.
On
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
FINDINGS
Respondent
has submitted a Response in which Respondent expressly stipulates and agrees
that the disputed domain name be transferred to Complainant. Accordingly, where Respondent has
expressly agreed to transfer the disputed domain name as requested by Complainant,
the Panel may decide to forego the traditional UDRP analysis and order the
immediate transfer of the domain name. See
The Royal Bank of Scot. Group plc v. rbspayments, FA 728805 (Nat. Arb.
Forum July 7, 2006) (transferring the <rbspayments.com> domain name where
the respondent agreed to the transfer and did not contest any of the
complainant’s allegations); see also Boehringer Ingelheim Int’l GmbH v.
Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum
DECISION
For the reasons set forth above, the Panel concludes that the relief requested
by Complainant and consented to by Respondent should
be GRANTED.
Accordingly, it is Ordered that the <lloydpontiac.com> domain name be TRANSFERRED
from Respondent to Complainant.
Louis E. Condon, Panelist
Dated: April 20, 2007
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