Nilfisk-Advance A/S v. Texas International Property Associates
Case No. D2009-0248
1. The Parties
The Complainant is Nilfisk-Advance A/S of Brondby, Denmark, represented internally.
The Respondent is Texas International Property Associates of Texas, United States of America, represented by Law Office of Gary Wayne Tucker, United States.
2. The Domain Name and Registrar
The disputed domain name <nilfisk-advanced.com> is registered with Compana LLC.
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 24, 2009. On February 25, 2009, the Center transmitted by email to Compana LLC a request for registrar verification in connection with the disputed domain name. On February 26, 2009, 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” 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 the Respondent of the Complaint, and the proceedings commenced on March 18, 2009. In accordance with the Rules, paragraph 5(a), the due date for Response was April 7, 2009. The Response was filed with the Center on April 7, 2009.
The Center appointed Andrea Mondini as the sole panelist in this matter on April 21, 2009. 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 disputed domain name <nilfisk-advanced.com> was registered on December 20, 2005.
The Complainant owns registrations of the trademark NILFISK ADVANCE for household, commercial and professional cleaning machines and equipment ranging from household vacuum cleaners, all kinds of scrubber/dryers to road sweepers in numerous countries, including a CTM registration (No. 1044429 filed on February 19, 1999) and a United States (“U.S”) registration (No. 2364078 filed on January 15, 1999). These registrations predate the registration of the disputed domain name.
5. Parties' Contentions
The Complainant contends (i) that the disputed domain name is quasi-identical to its trademark NILFISK ADVANCE in that the Respondent only added a “d” to that trademark; (ii) that Respondent has no rights or legitimate interests in respect of this domain name, since it merely uses the domain name to provide links to distributors or to competitors of the Complainant, and (iii) that the disputed domain name was registered and is being used in bad faith in an attempt to attract for commercial gain Internet users to the Respondent's website.
The Complaint requests that the disputed domain name be transferred to the Complainant.
In its Response, the Respondent agrees to the relief requested by the Complainant and expressly requests that the Panel order the immediate transfer of the disputed domain name to the Complainant.
6. Discussion and Findings
Considering that the Claimant has sought transfer of the disputed domain name and that Respondent consents to the transfer, there is no dispute between the parties. Therefore, there is no need for a decision on findings on the merits, and the Panel proceeds to grant the relief requested by the Complainant on the basis of Respondent's consent.
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, <nilfisk-advanced.com> be transferred to the Complainant.
Andrea Mondini Sole Panelist
Dated: April 28, 2009
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