Caterpillar Inc. v. Saders Mack / categines.com
Claim Number: FA1610001697781
Complainant is Caterpillar Inc. (“Complainant”), represented by Richard J. McKenna of Foley & Lardner LLP, Wisconsin, USA. Respondent is Saders Mack / categines.com (“Respondent”), Texas, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <hoicat.com>, registered with GoDaddy.com, LLC.
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.
Sebastian M W Hughes as Panelist.
Complainant submitted a Complaint to the Forum electronically on October 12, 2016; the Forum received payment on October 12, 2016.
On October 12, 2016, GoDaddy.com, LLC confirmed by e-mail to the Forum that the <hoicat.com> domain name is registered with GoDaddy.com, LLC and that Respondent is the current registrant of the name. GoDaddy.com, LLC has verified that Respondent is bound by the GoDaddy.com, LLC 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 17, 2016, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of November 7, 2016 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@hoicat.com. Also on October 17, 2016, the Written Notice of the Complaint, notifying Respondent of the e-mail 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 October 26, 2016. Respondent advised in the Response that Respondent consents to the transfer of the disputed domain name to Complainant.
On November 1, 2016, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Sebastian M W Hughes as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the 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.
Complainant requests that the domain name be transferred from Respondent to Complainant.
As noted above Respondent has consented to the transfer of the disputed domain name to the Complainant. In such circumstances, the Panel considers it is appropriate to forgo the traditional analysis and order the immediate transfer of the disputed domain name (See Disney Enters., Inc. v. Morales, FA 475191 (Nat. Arb. Forum June 24, 2005).
The Panel therefore concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <hoicat.com> domain name be TRANSFERRED from Respondent to Complainant.
Sebastian M W Hughes, Panelist
Dated: November 10, 2016
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page