Dex Media, Inc. v.
Claim Number: FA0705000992271
PARTIES
Complainant is Dex Media, Inc. (“Complainant”), represented by Patrick
D. Kuehl, of Blackwell Sanders Peper Martin LLP,
REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <dexdonline.com>, <dexconline.com>,
<dexsonline.com>, <dexonlinewhitepages.com>, <dexmediaonline.com>, <dexquestonline.com> and <dexonliine.com> (collectively
“Respondent’s Domain Names”), registered with Compana, LLC.
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.
Kendall C. Reed as Panelist.
PROCEDURAL HISTORY
Complainant submitted a Complaint to the National Arbitration Forum
electronically on May 24, 2007; the
National Arbitration Forum received a hard copy of the Complaint on May 29, 2007.
On June 8, 2007, Compana, LLC confirmed by e-mail to the
National Arbitration Forum that Respondent’s Domain Names are registered with Compana, LLC and that Respondent is the current
registrant of Respondent’s Domain Names.
Compana, LLC has verified that
Respondent is bound by the Compana, LLC
registration agreement and has thereby agreed to resolve domain-name disputes
brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute
Resolution Policy (the “Policy”).
On June 8, 2007, a Notification
of Complaint and Commencement of Administrative Proceeding (the “Commencement
Notification”), setting a deadline of June 28, 2007 by which Respondent could
file a Response to the Complaint, was transmitted to Respondent via e-mail,
post and fax, to all entities and persons listed on Respondent’s registration
as technical, administrative and billing contacts, and to postmaster@dexdonline.com, postmaster@dexconline.com,
postmaster@dexsonline.com, postmaster@dexonlinewhitepages.com,
postmaster@dexmediaonline.com, postmaster@dexquestonline.com and
postmaster@dexonliine.com by e-mail.
A timely Response was received and determined to be complete on June 28, 2007.
On July 5, 2007, pursuant to Complainant’s
request to have the dispute decided by a single-member Panel, the National
Arbitration Forum appointed Kendall C. Reed as Panelist.
RELIEF SOUGHT
Complainant requests that Respondent’s Domain Names be transferred from
Respondent to Complainant.
DISCUSSION
In its Response, Respondent agrees to the relief
requested by Complainant. As such, it is
not necessary for this Panel to analyze this matter, and it may grant the
relief jointly requested. 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.”).
DECISION
Respondent having agreed to the transfer of Respondent’s Domain Names,
the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <dexdonline.com>, <dexconline.com>,
<dexsonline.com>, <dexonlinewhitepages.com>, <dexmediaonline.com>,
<dexquestonline.com> and <dexonliine.com>
domain names be TRANSFERRED from Respondent to Complainant.
Kendall C. Reed, Panelist
Dated: July 10, 2007
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