Donald J. Trump v. Tony Kilker
Claim Number: FA1102001372504
Complainant is Donald J. Trump (“Complainant”), represented by James D. Weinberger of Fross Zelnick Lehrman & Zissu, P.C., New York, USA. Respondent is Tony Kilker (“Respondent”), Pennsylvania, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <trumpink.us>, registered with 1&1 INTERNET AG.
The undersigned, Daniel B. Banks, Jr., 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.
Complainant submitted a Complaint to the National Arbitration Forum electronically on February 11, 2011; the Forum received a hard copy of the Complaint on February 11, 2011.
On February 15, 2011, 1&1 INTERNET AG confirmed by e-mail to the National Arbitration Forum that the <trumpink.us> domain name is registered with 1&1 INTERNET AG and that Respondent is the current registrant of the name. 1&1 INTERNET AG has verified that Respondent is bound by the 1&1 INTERNET AG registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with the U. S. Department of Commerce’s usTLD Dispute Resolution Policy (the “Policy”).
On February 22, 2011, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of March 14, 2011 by which Respondent could file a Response to the Complaint, was transmitted to Respondent in compliance with Paragraph 2(a) of the Rules for usTLD Dispute Resolution Policy (the “Rules”).
A timely Response was received and determined to be complete on March 4, 2011.
On March 9, 2011, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Daniel B. Banks, Jr., as Panelist.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant claims that he has rights in his TRUMP personal name and mark. Complainant submits evidence that he owns numerous trademark registrations with the U.S. Patent and Trademark Office for his TRUMP mark.
Respondent has registered the disputed domain name that is identical or confusingly similar to Complainant's registered mark and has done so without any rights or legitimate interests in the disputed domain name. Complainant also claims that Respondent registered and is using the name in bad faith.
B. Respondent
Respondent consents to the transfer of the disputed domain name to Complainant.
Respondent consents to the transfer of the <trumpink.us> domain name to Complainant. Therefore, the Panel decides to forego the traditional UDRP analysis and order an immediate transfer of the <trumpink.us> domain name. See Boehringer Ingelheim Int'l v. Modern Ltd. - Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 0, 2003) (transferring the domain name registration where the Respondent stipulated to the transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Arb. Forum Jan. 13, 2004) ("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 finding of fact or of compliance (or not) with the Policy.")
The Respondent having consented to the transfer of the disputed domain name <trumpink.us> to Complainant, the Panel finds that the relief requested by Complainant is due to be granted.
Accordingly, it is Ordered that the <trumpink.us> domain name be TRANSFERRED from Respondent to Complainant.
Daniel B. Banks, Jr., Panelist
Dated: March 14, 2011
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