Morgan Stanley v. Anita Rankin
Claim Number: FA0707001045850
Complainant is Morgan Stanley (“Complainant”), represented by Baila
H. Celedonia, of Cowan, Liebowitz & Latman, P.C., 1133
Avenue of the
REGISTRAR AND DISPUTED DOMAIN
NAME
The domain name at issue is <morganstanleydeanwitter.net>, registered with Network Solutions, Inc.
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.
Tyrus R. Atkinson, Jr., as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on July 26, 2007; the National Arbitration Forum received a hard copy of the Complaint on July 30, 2007.
On July 27, 2007, Network Solutions, Inc. confirmed by e-mail to the National Arbitration Forum that the <morganstanleydeanwitter.net> domain name is registered with Network Solutions, Inc. and that Respondent is the current registrant of the name. Network Solutions, Inc. has verified that Respondent is bound by the Network Solutions, 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 July 31, 2007, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of August 20, 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@morganstanleydeanwitter.net by e-mail.
No formal response was received by the National Arbitration Forum. A letter drafted by Respondent’s Attorney, dated August 28, 2007, notified the Forum that Respondent did not intend to participate in this proceeding, but expressing Respondent’s willingness to relinquish Respondent’s rights in the disputed domain name to Complainant.
On August 24, 2007, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Tyrus R. Atkinson, Jr., as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent." Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
1. Respondent’s <morganstanleydeanwitter.net> domain name is identical to Complainant’s MORGAN STANLEY DEAN WITTER mark.
2. Respondent does not have any rights or legitimate interests in the <morganstanleydeanwitter.net> domain name.
3. Respondent registered and used the <morganstanleydeanwitter.net> domain name in bad faith.
B. Respondent is willing to relinquish all rights in the domain name to Complainant.
Complainant, Morgan Stanley, offers financial and investment services in 600 offices throughout twenty-eight (28) countries. Morgan Stanley was founded in 1933. Dean Witter was founded in 1924. In 1997, the two companies merged under the Morgan Stanley name and now operate under the MORGAN STANLEY and DEAN WITTER family of marks, including the MORGAN STANLEY DEAN WITTER mark registered with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 2,522,916 issued December 25, 2001). Complainant also operates a website at the <morganstanleydeanwitter.com> domain name.
Respondent, Anita Rankin,
registered the <morganstanleydeanwitter.net> domain name on June 19, 2007. The website located at the disputed domain
name provides hyperlinks to third-party websites of Complainant’s competitors,
through which Respondent generates click-through revenue.
Paragraph 15(a) of 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."
Respondent does not contest any of Complainant’s allegations regarding the <morganstanleydeanwitter.net> domain name. Respondent consents to the transfer of the domain name to Complainant. The Panel finds that when the Respondent agrees to a transfer of the domain name to the Complainant, the case can be decided without resorting to the traditional UDRP analysis. See Disney Enters., Inc. v. Morales, FA475191 (Nat. Arb. Forum June 24, 2005) (holding “Under such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”). When all parties agree to the transfer, the domain name must be transferred. See Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc. FA212653 (Nat. Arb. Forum Jan. 13, 2004) in which case the Panel stated, “In this case, the parties have both asked for the domain name to be transferred to the Complainant…Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.” See also Boehringer Ingelheim Int’l Gmb v. Modern Ltd. FA133625 (Nat. Arb. Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer).
Both Respondent and Complainant having agreed to transfer the domain name to Complainant and such agreement being proper under the ICANN Policy, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <morganstanleydeanwitter.net> domain name be TRANSFERRED from Respondent to Complainant.
Tyrus R. Atkinson, Jr., Panelist
Dated: September 7, 2007
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