WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
The First American Corporation v. Texas International Property Associates NA
Case No. D2008-0449
1. The Parties
Complainant is The First American Corporation, Santa Ana, California, of United States of America, represented by DLA Piper US LLP, United States of America.
Respondent is Texas International Property Associates - NA, Dallas, Texas, of United States of America, represented by The Law Offices of Gary Wayne Tucker, United States of America.
2. The Domain Names and Registrar
The disputed domain names: <firstamericanhomebuyersprotection.com>, <firstamericantitleinsurancecompany.com>, <mlxcange.com>, <mlxselfchange.com> are registered with Compana LLC.
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 22, 2008. On March 25, 2008, the Center transmitted by email to Compana LLC a request for registrar verification in connection with the domain names at issue. On March 28, 2008, Compana LLC transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. In response to a notification by the Center that the Complaint was administratively deficient, Complainant filed an amendment to the Complaint on April 11, 2008. The Center verified that the Complaint together with the amendment to the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy”), 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 the Respondent of the Complaint, and the proceedings commenced on April 16, 2008. In accordance with the Rules, paragraph 5(a), the due date for Response was May 6, 2008. The Response was filed with the Center on May 6, 2008.
The Center appointed Sandra A. Sellers as the sole panelist in this matter on May 23, 2008. 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.
4. Factual Background
Complainant First American is a FORTUNE 500 company that traces its history to 1889. Complainant states that it is America’s largest provider of business information, including real estate title and settlement, mortgage services, appraisals and valuations, screening and risk mitigation for businesses, as well as a variety of homeowner and personal financial services. Complainant owns many trademarks that incorporate the mark FIRST AMERICAN, as well as the trademark MLXCHANGE. Complainant’s use of the FIRST AMERICAN marks has been continuous since at least 1959, and the MLXCHANGE mark since at least 2001. Many of Complainant’s marks have become incontestable.
5. Discussion and Findings
In its Response to the Complaint, Respondent agreed to transfer the disputed domain names to the Complainant, upon order of the Panel. Respondent does not admit to the elements of paragraph 4(a) of the Policy, but rather makes an offer of “unilateral consent to transfer.”
Prior Panels have determined in appropriate cases to grant the requested transfer without discussion and findings under paragraph 4(a) of the Policy. See, e.g., Williams-Sonoma, Inc. v. EZ-Port, WIPO Case No. D2000-0207. As in Williams-Sonoma, this Panel looks to the Rules, particularly the paragraph 10 of the Rules, General Powers of the Panel, for guidance as to how to proceed in this situation. Under paragraph 10(a) of the Rules, the Panel may conduct the proceeding in such a manner as it considers appropriate. Under paragraph 10(c) of the Rules, the Panel shall endure that the proceeding takes place with due expedition. Given Respondent’s consent to transfer, this Panel deems it appropriate to grant the request to transfer under paragraph 10 of the Rules. No further consideration or discussion of the elements of Paragraph 4(a) of the Policy is deemed necessary.
For all the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the domain names: <firstamericanhomebuyersprotection.com>, <firstamericantitleinsurancecompany.com>, <mlxcange.com> and <mlxselfchange.com> be transferred to the Complainant.
Sandra A. Sellers
Dated: June 2, 2008