The Complainant is Levantur, S.A of the Balearic Islands, Spain, represented by Landwell, PricewaterhouseCoopers, Spain.
The Respondent is Rarenames, WebReg of United States of America, represented by Lowrie, Lando & Anastasi, LLP, United States of America.
2. The Domain Name and Registrar
The disputed domain name <bahiaprincipe.com> is registered with TierraNet d/b/a DomainDiscover.
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 12, 2007. On June 13, 2007, the Center transmitted by email to TierraNet d/b/a DomainDiscover a request for registrar verification in connection with the domain name at issue. On June 15, 2007, TierraNet d/b/a DomainDiscover 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 June 20, 2007. In accordance with the Rules, paragraph 5(a), the due date for Response was July 14, 2007. The Response was filed with the Center on July 10, 2007.
The Center appointed Mary Vitoria, QC as the sole panelist in this matter on July 23, 2007. 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 language of the proceedings is English.
4. Discussion and Findings
The Complainant requested that the domain name in dispute <bahiaprincipe.com> be transferred to the Complainant. By its Response, the Respondent stipulated for the Panel to transfer the disputed domain name to the Complainant. This stipulation is set out in the Declaration of Rochelle Hastings of NameMedia, Inc. the successor in interest to the named Respondent, Rarenames, WebReg, dated July 10, 2007, attached to the Response, under penalty of law for providing false testimony.
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.
This Panel agrees with these previous decisions and finds that the disputed domain name <bahiaprincipe.com> can be transferred to the Complainant without determination of the elements of paragraph 4(a) of the Policy.
5. Decision
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 name <bahiaprincipe.com> be transferred to the Complainant.
Mary Vitoria, QC
Sole Panelist
Dated: July 30, 2007
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