Anheuser - Busch, Incorporated v. Bladen Brannon

National Arbitration Forum

Decision

Anheuser - Busch, Incorporated v. Bladen Brannon

Claim Number: FA1106001396640

PARTIES

Complainant is Anheuser - Busch, Incorporated (“Complainant”), represented by Paul D. McGrady of Greenberg Traurig, LLP, Illinois, USA.  Respondent is Bladen Brannon (“Respondent”), represented by Bladen Brannon, South Carolina, USA.

REGISTRAR AND DISPUTED DOMAIN NAME

The domain name at issue is <buddweiser.com>, registered with GoDaddy.com, Inc.

PANEL

The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Panelist in this proceeding.

            Sandra J. Franklin as Panelist.

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum electronically on June 30, 2011; the National Arbitration Forum received payment on July 1, 2011.

On July 4, 2011, GoDaddy.com, Inc. confirmed by e-mail to the National Arbitration Forum that the <buddweiser.com> domain name is registered with GoDaddy.com, Inc. and that Respondent is the current registrant of the name.  GoDaddy.com, Inc. has verified that Respondent is bound by the GoDaddy.com, Inc. registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).

On July 11, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of August 1, 2011 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@buddweiser.com.  Also on July 11, 2011, the Written Notice of the Complaint, notifying Respondent of the email addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.

A timely Response was received and determined to be complete on July 15, 2011.

On July 19, 2011, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Sandra J. Franklin as Panelist.

RELIEF SOUGHT

Complainant requests that the domain name be transferred from Respondent to Complainant.

PARTIES' CONTENTIONS

A.  Complainant makes the following assertions:

B. Respondent consents to the transfer of the <buddweiser.com> from Respondent to Complainant.

FINDINGS

Preliminary Issue:  Consent to Transfer

The Panel finds that in a circumstance such as this, where Respondent has not contested the transfer of the disputed domain name but instead agrees to transfer the domain name to Complainant, the Panel may decide to forego the traditional UDRP analysis and order an immediate transfer of the <buddweiser.com> domain name.  See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Nat. Arb. Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat Arb. Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”); see also Disney Enters., Inc. v. Morales, FA 475191 (Nat. Arb. Forum June 24, 2005) (“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”).  The Panel has found that, in some cases involving consent, justice is better served by rendering a decision with an analysis of the case against the Policy requirements.  Here, however, the Panel sees no reason or request to render a decision on the merits and decides to simply grant the relief requested by both parties, the transfer of the <buddweiser.com> domain name to Complainant.

DECISION

For the foregoing reason, the Panel concludes that relief shall be GRANTED.

Accordingly, it is Ordered that the <buddweiser.com> domain name be transferred from Respondent to Complainant.

__________________________________________________________________

Sandra J. Franklin, Panelist

Dated:  July 26, 2011