Fedex, Courier Company – Highly Reputable Company – Respondent voluntarily surrenders the Domain Name – Domain Dispute matter settled – Not decided on merits
FEDRERAL EXPRESS CORPORATION
3620 Hacks Cross Road
BUILDING B, 3rd Floor
VPO – Imlota Tehsil & District
1. The Parties:
The Complainant is Federal Express Corporation of United States of America represented in these proceedings by Mr. J.V. Abhay of Shardul Amarchand Mangaldas & Co. of New Delhi, India. The Respondent is Mr. Ankit Kumar of Haryana, India, self-represented.
2. The Domain name, Registrar and Policy:
The present Arbitration proceeding pertains to a dispute regarding the domain name <fedexindiapackers.in> (hereinafter referred to as disputed domain name). The registrar for the disputed domain name is Crazy Domains FZ LLC. The disputed domain name was registered on November 27, 2017. The Arbitration proceedings are conducted in accordance with the Arbitration and Conciliation Act of 1996 (India), the .IN Domain Name Dispute Resolution Policy (the “INDRP Policy” or “Policy”), and the INDRP Rules of Procedure (the “Rules”).
3. Procedural History:
The sole arbitrator appointed in the case is Mrs. Harini Narayanswamy. The Arbitrator has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, in compliance with the Rules. The Arbitrator received the Complaint from the .IN registry on February 8, 2019 and on February 10, 2019 the Arbitrator transmitted by email a notification of commencement of the arbitration proceedings to the parties under the INDRP Rules. Copies of the said notification were sent to other interested parties to the dispute.
The Respondent on February 12, 2019, sent a letter by email expressing consent and willingness to transfer the disputed domain name to the Complainant. The letter of consent by the Respondent states:
“I hereby declare that I’m willing to transfer the disputed domain ‘fedexindiapackers.in’. I authorize NIXI to transfer this domain to the complainant.”
The Arbitrator finds that the requests of both parties are the same, namely the transfer of the disputed domain name to the Complainant. In view of the Respondent’s written consent to transfer the disputed domain name, it is clear that the Respondent has no intention of contesting or challenging the Complaint but has acceded to the Complainant’s request by agreeing to transfer the disputed domain name to the Complainant.
In cases where a respondent makes a unilateral offer to transfer the disputed domain name to the complainant, the transfer of the domain name disputed can be done without going into the merits of the case as the relief sought for by the parties is the same. See for instance, INDRP Case 769, February 2, 2016, Dell Inc. v. Nagedran Kathirvel, (<dellaptopadapterprice.in>). The Arbitrator accordingly passes this Award based on the parties’ representations without going into the merits of case, as the Respondent has agreed to comply with the relief sought for by the Complainant.
It is ordered that the disputed domain name <fedexindiapackers.in> be transferred to the Complainant.
Harini Narayanswamy, Arbitrator
Date: February 15, 2019