Micro Electronics, Inc. v. Greg Cordover
Claim Number: FA2009001912556
Complainant is Micro Electronics, Inc. (“Complainant”), represented by David A. Einhorn, Esq. of Scarinci Hollenbeck LLC, Ohio, USA. Respondent is Greg Cordover (“Respondent”), Missouri, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <microcenter.top>, registered with Porkbun LLC.
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.
Alan L. Limbury, as Panelist.
Complainant submitted a Complaint to the Forum electronically on September 16, 2020; the Forum received payment on September 16, 2020.
On September 16, 2020, Porkbun LLC confirmed by e-mail to the Forum that the <microcenter.top> domain name is registered with Porkbun LLC and that Respondent is the current registrant of the name. Porkbun LLC has verified that Respondent is bound by the Porkbun 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 September 22, 2020, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of October 13, 2020 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@microcenter.top. Also on September 22, 2020, 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.
Having received no timely, compliant response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default. Respondent send an informal email to the Forum on September 23, 2020.
On October 15, 2020, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Alan L. Limbury 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. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the 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
Complainant sells computer hardware and software. Complainant has rights in the MICRO CENTER mark through its registration with the United States Patent and Trademark Office (“USPTO”) (e.g. Reg. 1,552,264, registered Aug. 15, 1989; Reg. 3,020,431, registered Nov. 29, 2005). Respondent’s <microcenter.top> domain name is identical or confusingly similar to Complainant’s MICRO CENTER mark as it incorporates the mark in its entirety and adds the “.top” gTLD.
Respondent lacks rights and legitimate interests in the <microcenter.top> domain name, which was registered on July 24, 2020 and is being used in bad faith.
B. Respondent
Respondent failed to submit a formal, compliant Response in this proceeding. However, in his informal email to the Forum on September 23, 2020, Respondent consented to the transfer of the domain name.
FINDINGS
In light of Respondent’s consent to the transfer of the <microcenter.top> domain name to Complainant, the Panel considers it appropriate to order the transfer of the domain name without embarking on the traditional UDRP analysis. See Disney Enters., Inc. v. Morales, FA 475191 (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.”).
DECISION
Respondent having consented to the transfer of the domain name to Complainant, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <microcenter.top> domain name be TRANSFERRED from Respondent to Complainant.
Alan L. Limbury, Panelist
Dated: October 18, 2020
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