WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
Methodics LLC v. Domains by Proxy, Inc. / Shiv Sikand
Case No. D2011-1315
1. The Parties
Complainant is Methodics LLC of San Francisco, California, United States of America, represented by Access International Law Group, United States of America.
Respondent is Domains by Proxy, Inc. of Scottsdale, Arizona, United States of America / Shiv Sikand of Los Gatos, California, United States of America.
2. The Domain Name and Registrar
The disputed domain name <methodics.com> is registered with Blue Razor Domains, Inc. (the “Registrar”).
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 30, 2011. On August 1, 2011, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 4, 2011, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on August 9, 2011 providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on August 13, 2011.
The Center verified that the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified Respondent of the Complaint, and the proceedings commenced on August 17, 2011. In accordance with the Rules, paragraph 5(a), the due date for Response was September 6, 2011. The Response was filed with the Center on September 5, 2011.
The Center appointed Frederick M. Abbott as the sole panelist in this matter on September 23, 2011. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
The Response transmitted by e-mail to the Center on September 5, 2011 stated that, without conceding the allegations of the Complaint, Respondent consented to the remedy of transfer of the disputed domain name requested by Complainant. The Center advised the parties by e-mail of September 6, 2011 that Complainant might wish to submit a request for suspension of the proceeding during which time the parties could explore a settlement. By e-mail of September 13, 2011, Complainant (through its counsel) advised the Center that it wished to proceed with the administrative proceeding, and the Center thereupon appointed the Panel.
4. Summary Determination
Complainant has alleged (1) ownership of rights in the trademark METHODICS in the United States of America and that the disputed domain name, <methodics.com>, is identical or confusingly similar to that trademark; (2) that Respondent lacks rights or legitimate interests in the disputed domain name, and; (3) that Respondent registered and has used the disputed domain name in bad faith.
The Registrar, Blue Razor Domains, Inc., has confirmed that Respondent is registrant of the disputed domain name.
The Panel has reviewed the case file, and does not find evidence of intent on the part of Complainant to improperly take advantage of Respondent or the Policy. Respondent has consented to transfer to Complainant of the disputed domain name. The Panel considers it appropriate under the circumstances to accept the allegations put forward by Complainant as having been established sufficiently to satisfy the requirements for a finding of abusive domain name registration and use within the meaning of the Policy. The Panel determines that Complainant has established that Respondent registered and has used the disputed domain name in bad faith within the meaning of the Policy, and that the disputed domain name should be transferred to Complainant. The remedial purposes of the Policy will be satisfied by that transfer.
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name, <methodics.com>, be transferred to Complainant.
Frederick M. Abbott
Dated: October 2, 2011