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NATIONAL ARBITRATION FORUM

DECISION

Barnie's II, Inc. v. RareNames, WebReg

Claim Number: FA0707001031519

PARTIES

Complainant is Barnie's II, Inc. (“Complainant”), represented by Collin B.


Foulds, of Gray, Plant, Mooty, Mooty & Bennett, P.A., 500 IDS Center, 80
South Eighth Street, Minneapolis, MN 55402. Respondent is RareNames,
WebReg (“Respondent”), represented by Ann Lamport Hammitte, One Main
Street, Cambridge, MA 02142.

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <barnies.com>, registered with Domaindiscover.

PANEL
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.

Judge Irving H. Perluss (Retired) is the Panelist.

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum


electronically on July 11, 2007; the National Arbitration Forum received a hard
copy of the Complaint on July 18, 2007.

On July 21, 2007, Domaindiscover confirmed by e-mail to the National


Arbitration Forum that the <barnies.com> domain name is registered with
Domaindiscover and that the Respondent is the current registrant of the name.
Domaindiscover has verified that Respondent is bound by the Domaindiscover
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 July 23, 2007, a Notification of Complaint and Commencement of


Administrative Proceeding (the “Commencement Notification”), setting a
deadline of August 13, 2006 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@barnies.com by e-mail.

A timely electronic copy of the Response was received and determined to be


complete on August 14, 2007. However, a hard copy of the Response was
received after the deadline for response. Therefore, the Forum does not consider
this Response to be in compliance with ICANN Rule 5(a).
On August 17, 2007, pursuant to Complainant’s request to have the dispute
decided by a single-member Panel, the National Arbitration Forum appointed
Judge Irving H. Perluss (Retired) as Panelist.

DISCUSSION AND FINDINGS

Respondent did not submit a timely hard copy of its Response in accordance with
ICANN Rule 5. Its failure so to do is irrelevant in light of its stipulation to
transfer to Complainant the disputed domain name (see infra).

Complainant charges that the disputed domain name falls within the Policy
requirements and must be transferred to it. Although Respondent does not agree
that it acted in bad faith by registering and using the disputed domain name, it has
stipulated that the disputed domain name be transferred to Complainant.

In the recent matter of Levantur, S.A. v. RareNames WebReg, D2007-0857 (WIPO


July 30, 2007), the Panelist said:

Previous panels have held that a genuine unilateral consent


to transfer by the Respondent provides a basis for an
immediate order for transfer without consideration of the
elements of paragraph 4(a) of the Rules. Where the
Complainant has sought transfer of a disputed domain
name, and the Respondent consents to transfer, then
pursuant to paragraph 10 of the Rules the Panel can
proceed immediately to make an order for transfer.
Williams-Sonoma, Inc. v. EZ-Port, WIPO Case No. D2000-
0207, The Cartoon Network LP, LLLP v. Mike Morgan,
WIPO Case No. D2005-1132 and Valero Energy
Corporation, Valero Refining and Marketing Company v.
RareNames WebReg, WIPO Case No. D2006-1336.

And, in American International Group, Inc. v. RareNames WebReg, FA 648253


(Nat. Arb. Forum April 6, 2006), the Panelist concluded:
When a respondent has agreed to comply with the
complainant’s request, the panel may decide to forego the
traditional UDRP analysis and summarily order the transfer
of the domain names. 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.’); see also Mary Frances
Accessories, Inc. v. Shoe Salon, FA 528458 (Nat. Arb.
Forum Sept. 6, 2005); see also Dame Elizabeth Taylor, The
Elizabeth Taylor Cosmetics Company & Interplanet
Productions Limited v. K. Myers, FA0508000547795 (Nat.
Arb. Forum Oct. 18, 2005).

This Panelist agrees with the reasoning and conclusions of the above matters, and,
further, in the interest of arbitral economy for all involved, the disputed domain
name will be transferred to Complainant.

DECISION

By virtue of Respondent’s stipulation to transfer the disputed domain name, the


Panel concludes that relief shall be GRANTED.

Accordingly, it is Ordered that the <barnies.com> domain name be


TRANSFERRED from Respondent to Complainant.
JUDGE IRVING H. PERLUSS (RETIRED)

Dated: January 6, 2011

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