WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
Western Union Holdings, Inc. v. Texas International Property Associates - NA
Case No. D2008-0589
1. The Parties
The Complainant is Western Union Holdings, Inc., of United States of America, represented by The Gigalaw Firm, of United States of America.
The Respondent is Texas International Property Associates – NA, of United States of America, represented by Law Office of Gary Wayne Tucker, United States of America.
2. The Domain Names and Registrar
The disputed domain names:
are registered with Compana LLC.
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 15, 2008. On April 17, 2008, the Center transmitted by email to Compana LLC a request for registrar verification in connection with the domain names at issue. On April 22, 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. The Center verified that 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 24, 2008. In accordance with the Rules, paragraph 5(a), the due date for Response was May 14, 2008. The Response was filed with the Center on May 14, 2008.
The Center appointed Sandra A. Sellers as the sole panelist in this matter on May 22, 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
The Complainant Western Union Holdings, Inc, is an intellectual property holding company for the benefit of The Western Union Company. Western Union was founded in 1851. Today, the Complainant and its affiliates are an industry leader in global money transfer with agents in more than 200 countries. The Complainant is the owner of approximately 950 trademark registrations worldwide that consist of or include the mark WESTERN UNION, with use dating back to 1956.
The Respondent registered the disputed domain names and uses them in connection with portal sites that provide general links to various third-party services, including some that are competitive with Complainant.
5. Discussion and Findings
In its Response to the Complaint, the Respondent agreed to transfer the disputed domain names to the Complainant, upon order of the Panel. The 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 paragraph 10 of the Rules, General Powers of the Panel, for guidance as to how to proceed in this situation. Under the paragraph 10(a) of the Rules, the Panel may conduct the proceeding in such a manner as it considers appropriate. Under the 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 10(a) of the Rules, the Panel orders that the domain names:
be transferred to the Complainant.
Sandra A. Sellers
Dated: June 5, 2008