DECISION

 

Shiseido Americas Corporation v. Namecheap Registrations / Jony Janeiro

Claim Number: FA2401002081150

PARTIES

Complainant is Shiseido Americas Corporation ("Complainant"), represented by Brandon M. Ress of Pirkey Barber PLLC, Texas, USA. Respondent is Namecheap Registrations / Jony Janeiro ("Respondent"), Multiple Locations.

 

REGISTRAR AND DISPUTED DOMAIN NAMES 

The domain names at issue are <drunk-elephantsales.com> and <drunkeleph-outlet.com>, registered with Spaceship, Inc.

 

PANEL

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.

 

PROCEDURAL HISTORY

Complainant submitted a Complaint to Forum electronically on January 26, 2024; Forum received payment on January 26, 2024.

 

On January 30, 2024, Spaceship, Inc. confirmed by e-mail to Forum that the <drunk-elephantsales.com> and <drunkeleph-outlet.com> domain names are registered with Spaceship, Inc. and that Respondent is the current registrant of the names. Spaceship, Inc. has verified that Respondent is bound by the Spaceship, 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 January 30, 2024, Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of February 20, 2024 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@drunk-elephantsales.com, postmaster@drunkeleph-outlet.com. Also on January 30, 2024, 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 formal response from Respondent, Forum transmitted to the parties a Notification of Respondent Default.

 

On February 1, 2024, an informal response from Respondent was received by Forum, which did not comply with Supplemental Rule 7. In its informal response, Respondent said:

 

"We acknowledge your concerns and are committed to resolving the conflict in an amicable manner. In the interest of facilitating a resolution, we hereby confirm our acceptance to forward the relevant domains to you.

 

This action is taken as part of our commitment to finding a fair and equitable resolution to the matter at hand. We appreciate your cooperation in this process."

 

On February 21, 2024, pursuant to Complainant's request to have the dispute decided by a single-member Panel, Forum appointed Alan L. Limbury as Panelist.

 

Having reviewed the communications records, the Administrative Panel (the "Panel") finds that 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, Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any formal response from Respondent.

 

RELIEF SOUGHT

Complainant requests that the domain names be transferred from Respondent to Complainant.

 

PRELIMINARY ISSUE: MULTIPLE RESPONDENTS

Paragraph 3(c) of the Rules provides that a "complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder". Paragraph 1(d) of the Forum's Supplemental Rules defines "The Holder of a Domain Name Registration" as "the single person or entity listed in the registration information, as verified by the Registrar, at the time of commencement" and sub-paragraph 1(d)(i) provides that a Complainant wishing to make an argument for a single Respondent having multiple aliases must comply with Supplemental Rules 4(c) and 17(a)(i).

 

Complainant has shown that the <drunk-elephantsales.com> and <drunkeleph-outlet.com> domain names are effectively controlled by the same person and/or entity, which is operating under several aliases.

 

Hence this decision refers to Namecheap Registrations / Jony Janeiro as "Respondent". 

 

PRELIMINARY ISSUE: CONSENT TO TRANSFER

The Panel takes the informal response to signify consent by Respondent to the transfer to Complainant of the <drunk-elephantsales.com> and <drunkeleph-outlet.com> domain names. Under these circumstances the Panel considers it appropriate to order the transfer of the domain names without embarking on the traditional Policy 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 names to Complainant, the Panel concludes that relief shall be GRANTED.

 

Accordingly, it is Ordered that the <drunk-elephantsales.com> and <drunkeleph-outlet.com> domain names be TRANSFERRED from Respondent to Complainant.

 

 

 

Alan L. Limbury, Panelist

Dated: February 22, 2024