Liberty Mutual Insurance Company v. Dennis Hood
Claim Number: FA1010001353691
Complainant is Liberty Mutual Insurance Company (“Complainant”), represented by Mary Ellen Morse, New Hampshire, USA. Respondent is Dennis Hood (“Respondent”), Florida, USA.
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <libertymutualinsuranceonline.com>, <mylibertymutualinsurance.com>, and <thelibertymutualinsurance.com>, registered with GoDaddy.com, 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.
Terry F. Peppard as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on October 21, 2010; the National Arbitration Forum received payment on October 21, 2010.
On October 21, 2010, GoDaddy.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <libertymutualinsuranceonline.com>, <mylibertymutualinsurance.com>, <thelibertymutualinsurance.com> domain names are registered with GoDaddy.com, Inc. and that Respondent is the current registrant of the names. GoDaddy.com, Inc. has verified that Respondent is bound by the GoDaddy.com, Inc. registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On October 25, 2010, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of November 15, 2010 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@libertymutualinsuranceonline.com, postmaster@mylibertymutual-insurance.com, and postmaster@thelibertymutualinsurance.com. Also on October 25, 2010, the Written Notice of the Complaint, notifying Respondent of the email addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.
Having received no compliant response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default.
On November 22, 2010, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Terry F. Peppard as sole Panelist in this proceeding.
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" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. 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 names be transferred from Respondent to Complainant.
A. Complainant makes the following assertions:
Complainant began operation in the United States in 1917, and is today a large multi-line insurer in the property and casualty field.
Complainant currently owns service mark registrations with the United States Patent and Trademark Office (“USPTO”) for its LIBERTY MUTUAL mark (including Reg. No. 2,734,195, issued July 8, 2003).
The LIBERTY MUTUAL service mark is used in the marketing of Complainant’s financial services and insurance products.
Respondent registered the disputed domain names on July 23, 2010.
The disputed domain names resolve to websites featuring links to third-parties offering products and services that directly compete with Complainant’s offerings in the insurance industry.
Respondent presumably receives click-through fees from the visits of Internet users to these displayed links.
Respondent’s contested <libertymutualinsuranceonline.com>, <mylibertymutualinsurance.com>, and <thelibertymutualinsurance.com> domain names are confusingly similar to Complainant’s LIBERTY MUTUAL mark.
Respondent does not have any rights to or legitimate interests in any of the <libertymutualinsuranceonline.com>, <mylibertymutualinsurance.com>, and <thelibertymutualinsurance.com> domain names.
Respondent registered and uses the same <libertymutualinsuranceonline.com>, <mylibertymutualinsurance.com>, and <thelibertymutualinsurance.com> domain names in bad faith.
B. Respondent has failed to submit a compliant Response in this proceeding. However, in e-mail exchanges with the staff of the National Arbitration Forum, Respondent has recited, in pertinent part, as follows:
“They can have the domains….” and “I am willing to do whatever it takes to give these up, cancel them or whatever.”
DISCUSSION
Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following to obtain from an Administrative Panel an order that a domain name be transferred:
i. the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights;
ii. Respondent has no rights or legitimate interests in respect of the domain name; and
iii. the domain name has been registered and is being used in bad faith.
Notwithstanding the foregoing, 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.”
Further, Policy ¶ 3(a) provides for the transfer of a domain name registration upon the written instructions of the parties to a UDRP proceeding without the need for otherwise required findings and conclusions (see Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Ar. Forum Jan. 13, 2004; see also Disney Enterprises, Inc. v. Morales, FA 475191 (Nat. Arb. Forum Jun. 24, 2005)).
DECISION
Respondent’s non-compliant response does not contest the material allegations of the Complaint, and, in particular it does not contest Complainant’s request that the disputed domain names be transferred to Complainant. Rather the parties have effectively agreed in writing to a transfer of the subject domain names from Respondent to Complainant without the need for further proceedings.
Accordingly, it is Ordered that the <libertymutualinsuranceonline.com>, <mylibertymutualinsurance.com>, and <thelibertymutualinsurance.com> domain names be TRANSFERRED forthwith from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: December 6, 2010
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