Amgen Inc. v. Texas International Property Associates

WIPO Arbitration

and Mediation Center

ADMINISTRATIVE PANEL DECISION

Amgen Inc. v. Texas International Property Associates

Case No. D2007-0155

1. The Parties

The Complainant is Amgen Inc., Thousand Oaks, California, United States of America, represented by DLA Piper US LLP, United States of America.

The Respondent is Texas International Property Associates, Dallas, Texas, United

States of America, represented by The Law Offices of Gary Wayne Tucker, United

States of America.

2. The Domain Name and Registrar

The disputed domain name <amgenwebmail.com> is registered with Compana

LLC.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 3, 2007. Between February 7, 2007 and March 16, 2007, the Center transmitted by email to Compana LLC multiple requests for registrar verification of various items in connection with the domain name at issue. On February 21, 2007, 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 for the administrative and technical contact. On March 21, 2007, 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 March 21, 2007. In accordance with the Rules, paragraph 5(a), the due date for Response was April 10, 2007. The Response was filed with the Center on April 10, 2007.

The Center appointed Sandra A. Sellers as the sole

panelist in this matter on April 20, 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.

4. Factual Background

Complainant Amgen Inc. is a publicly traded pharmaceutical company, which uses the mark AMGEN® in connection with pharmaceuticals and pharmaceutical development services. It has obtained numerous trademark registrations throughout the world. Amgen also owns the domain names <amgen.com>, <amgen.net>, and <amgen.biz>. Amgen also owns a website at the Internet address “www.webmail.amgen.com”, which is used by its employees to access their email from a remote location.

Respondent registered the disputed domain name <amgenwebmail.com>

on November 27, 2004.

5. Discussion

In its Response to the Complaint, Respondent agreed to transfer the disputed domain name 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, cited supra, this Panel

looks to the Rules, particularly the Rule 10, General Powers of the Panel, for

guidance as to how to proceed in this situation. Under Rule 10(a), the Panel

may conduct the proceeding in such a manner as it considers appropriate. Under

Rule 10(c), 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 Rule 10. No further consideration

or discussion of the elements of Paragraph 4(a) of the Policy is deemed necessary.

6. Decision

For the foregoing reasons, in accordance with Rule 10(a) and (c), the Panel orders that the domain name <amgenwebmail.com> be transferred to the Complainant.

Sandra A. Sellers

Sole Panelist

Dated: May 4, 2007

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