Wells Fargo & Company v. Ann Benko
Claim Number: FA1105001390940
Complainant is Wells Fargo & Company (“Complainant”), represented by David A.W. Wong of Barnes & Thornburg LLP, Indiana, USA. Respondent is Ann Benko (“Respondent”), Alabama, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <wellsfargoesonline.com>, registered with 1 & 1 INTERNET AG.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.
David P. Miranda, Esq., as Panelist.
Complainant submitted a Complaint to the National Arbitration Forum electronically on May 27, 2011; the National Arbitration Forum received payment on May 27, 2011.
On May 30, 2011, 1 & 1 INTERNET AG confirmed by e-mail to the National Arbitration Forum that the <wellsfargoesonline.com> 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 ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On June 3, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of June 23, 2011 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@wellsfargoesonline.com. Also on June 3, 2011, 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.
A timely Response was received and determined to be complete on June 13, 2011.
On June 15, 2011, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed David P. Miranda, Esq., as Panelist.
Complainant requests that the domain name <wellsfargoesonline.com> be transferred from Respondent to Complainant.
A. Complainant
Complainant Wells Fargo & Company (“Complainant”) seeks transfer of the domain <wellsfargoesonline.com> from Respondent Ann Benko of McCalla, Alabama (“Respondent”). Complainant contends it holds numerous, valid federal trademark registrations for the mark WELLS FARGO and also holds many international registrations for the mark. Complainant contends that the mark registered by Respondent <wellsfargoesonline.com> is confusingly similar to the famous WELLS FARGO marks. Wells Fargo contends that as a result of the continuous and extensive use and promotion of its WELLS FARGO marks, that such marks are famous worldwide as to identifying Wells Fargo as a source of quality banking and financial services. Complainant contends that Respondent has no rights or legitimate interests in the domain name, and that the domain name has been registered and used in bad faith, because the website associated with the domain name was used for a “scam” by the Respondent, incorporated use of Complainant’s marks in order to appear as if the website and email correspondence was sponsored by the Complainant.
B. Respondent
Respondent does not dispute any of the Complainant’s allegations, but rather contends that the domain was created by a family member in an attempt to deceive the Respondent regarding said family member’s assets and financial condition. The panel accepts Respondent’s representation that she was not responsible for the registration and use of this domain name, but rather was also the victim of deception. The Respondent does not object to the transfer of the domain and specifically requests that it be removed from any association with her.
The Complainant has established its prima facia case and Respondent has consented to the transfer of the domain. As such, an Order will be issued directing transfer of the domain to Complainant.
Preliminary Issue: Consent to Transfer
Respondent consents to transfer the <wellsfargoesonline.com> domain name to Complainant. After the initiation of this proceeding, 1 & 1 INTERNET AG placed a hold on Respondent’s account and therefore Respondent cannot transfer the disputed domain name while this proceeding is still pending. The Panel orders an immediate transfer of the <wellsfargoesonline.com> domain name to Complainant. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 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 findings of fact or of compliance (or not) with the Policy.”); see also Disney Enters., Inc. v. Morales, FA 475191 (Nat. Arb. Forum June 24, 2005) (“[U]nder 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.”).
Having considered all three elements required under the ICANN Policy, and Respondent’s consent to transfer, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <wellsfargoesonline.com> domain name be TRANSFERRED from Respondent to Complainant.
__________________________________________________________________
David P. Miranda, Esq., Panelist
Dated: June 28, 2011
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