AlixPartners, LLP v. Jay
Alix & Associates c/o Domain Administrator
Claim Number: FA0706000998652
PARTIES
Complainant is AlixPartners, LLP (“Complainant”), represented by David
R. Haarz, of Harness, Dickey & Pierce, P.L.C.,
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <alixpartner.com>, registered with Nameview,
Inc.
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 June 4, 2007, naming as
Respondent the registrant as shown that day in the Registrar’s Whois database,
namely “Alixpartner.com c/o Whois Identity Shield” at an address in
On June 6, 2007, the Registrar, Nameview, Inc. allowed the name of the
registrant in its Whois database to be changed.
It then confirmed by e-mail to the National Arbitration Forum that the <alixpartner.com>
domain name is registered with Nameview, Inc.
and named the Respondent, Jay Alix & Associates, as the then current
registrant of the name. Nameview, Inc. has verified that Respondent is
bound by the Nameview, Inc. 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 June 7, 2007 the National Arbitration Forum required Complainant to
amend the Complaint so as to name Jay Alix & Associates as Respondent and
to specify the contact information as then found in the Registrar’s Whois
database, this being (subject to a minor typographical error) an address of an
affiliate of Complainant. Complainant complied with this requirement and filed
an amended Complaint on June 11, 2007.
On June 12, 2007, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of July 2, 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@alixpartner.com by e-mail.
A timely Response was received and determined to be complete on June 14, 2007.
On June 20, 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 and Respondent both request that the domain name be
transferred from Respondent to Complainant.
PARTIES’ CONTENTIONS
A. Complainant
The change to the name of the registrant allowed by the Registrar after
notice of this Complaint and in violation of the Policy makes this a classic
case of cyberflying.
Complainant provides business management consultancy services. It owns
Jay Alix & Associates is the name of a predecessor of Complainant.
Whoever registered the disputed domain name still controls it, so filing the
amended Complaint is a way to expedite transfer to its rightful owner.
The disputed domain name is virtually identical and confusingly similar
to Complainant’s ALIXPARTNERS mark; whoever controls the domain name has no
rights or legitimate interest in relation to it and has registered and is using
it in bad faith.
B. Respondent
The name Jay Alix & Associates is currently used by an affiliate of
Complainant. Hence Complainant and Respondent are related entities. However,
neither has access to the domain name.
Accordingly Respondent is submitting this Response and specifically
agrees to the transfer of the disputed domain name to Complainant.
FINDINGS
Respondent is related to Complainant but the
domain name is not under the control of either Respondent or Complainant. The
Whois Identity Shield offered by the Registrar has concealed the identity of
the person who registered and has control of the domain name.
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.”
Where a respondent agrees to comply with a complainant’s request, other panels have held that they may forego the traditional UDRP analysis and order the transfer of the domain name. See Norgren, Inc. v. Norgren, Inc. c/o Domain Administrator, NAF Case No. FA0603000670051 and Diners Club International Ltd. v. Diners Club International Ltd. c/o Domain Admin, NAF Case No. FA0508000551103. Those cases involved similar behaviour by the present Registrar, Nameview, Inc., in changing the registrant identity after notice of the Complaint.
DECISION
Since Respondent consents to the transfer of the domain name to
Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <alixpartner.com> domain name be TRANSFERRED
from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: June 30, 2007
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