Claim Number: FA0703000944494
PARTIES
Complainant is California Academy of Sciences (“Complainant”), represented by Doyle
B. Johnson, of Reed Smith LLP,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <californiaacademyofsciences.com>,
registered with Compana, 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.
Hon. Sir
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on
On March 26, 2007, Compana, LLC confirmed by e-mail to the
National Arbitration Forum that the <californiaacademyofsciences.com>
domain name is registered with Compana, LLC
and that Respondent is the current registrant of the name. Compana, LLC
has verified that Respondent is bound by the Compana,
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 April 4, 2007, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of April 24, 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@californiaacademyofsciences.com by e-mail.
A timely Response was received and determined to be complete on
On
RELIEF SOUGHT
Complainant requests that the domain name be transferred from
Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
Complainant is the owner of a
Complainant operates one of the largest museums of natural history in
the world. Since 1853, it has been
promoting its museum and educational services under the name “California
Academy of Sciences.”
B. Respondent
Respondent agrees to the relief requested by Complainant. It does not make any admission of the three
elements of Paragraph 4(a) of the Policy but offers a “unilateral consent to
transfer.”
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.”
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.
However, where a respondent has admitted that it does not have a past,
present or future interest in the disputed domain name and has consented to the
transfer of the disputed domain name, the Panel may
forego the traditional UDRP analysis and order the immediate transfer of the
disputed domain name. See
The same approach can be found in WIPO decisions such as Williams-Sonoma Inc. v. VEZ-Port, D2000-0207
(WIPO May 8, 2000) and Slumberland France
v. Chadia Acohuri, D2000‑0195
(WIPO June 14, 2000).
DECISION
Because of Respondent’s acknowledgment and the above authorities, the
Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <californiaacademyofsciences.com>
domain name be TRANSFERRED from
Respondent to Complainant.
Hon. Sir
Dated: May 15, 2007
Click Here to return
to the main Domain Decisions Page.
Click
Here to return to our Home Page
National
Arbitration Forum
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page