WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Khulood AlRostamani v. Mohamed Hassan Khalil El Haddad and Kais A. Al-Essa Case No. D2008-1888 1. The Parties

The Complainant is Khulood AlRostamani, of Dubai, United Arab Emirates.

The Respondents are Mohamed Hassan Khalil El Haddad of Dubai, United Arab Emirates and Kais A. Al-Essa of Dammam, Saudia Arabia. 2. The Domain Name and Registrar

The disputed domain name, (the “Domain Name”), is registered with Abacus America Inc. d/b/a Names4Ever (the “Registrar”). 3. Procedural History

The Complaint, which identified Mohamed Hassan Khalil El Haddad as the registrant of the Domain Name, was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 10, 2008. On December 10, 2008, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name.

On December 11, 2008, the Registrar transmitted by email to the Center its verification response informing the Center that the Respondent, Kais A. Al-Essa, was listed as the registrant and identifying Mohamed Haddad as the Administrative Contact.

The Center duly informed the Complainant that the Complaint was administratively deficient in that regard (amongst others) and the Complainant filed an amendment to the Complaint on December 18, 2008 adding Kais A. Al-Essa as co-Respondent.

It is not in dispute between the parties that Mohamed Haddad is the ‘true' registrant of the Domain Name, so for the purposes of this administrative proceeding the Panel uses the term “Respondent” to mean Mohamed Haddad.

The Center verified that the Complaint together with the amendment to 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 December 19, 2008. In accordance with the Rules, paragraph 5(a), the due date for Response was January 8, 2009.

Pursuant to the Respondent's request (dated December 28, 2008) to extend the time to file a Response, and the Center taking into account the Respondent's reasons for the Request stated therein and further considering the objections of the Complainant, the Center granted an extension of time to file a Response until January 18, 2009 in accordance with paragraph 5(d) of the Rules. The Response was filed with the Center on January 19, 2009.

The Center appointed Tony Willoughby as the sole panelist in this matter on February 6, 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.

The Complainant should have filed the Complaint in the name of the Complainant's company, KM Properties (LLC) (the “Company”), since it is the Company's claimed trade mark rights upon which the Complainant's case is based. By the same token, it should have been to the Company (not the Complainant) that the Complainant sought transfer of the Domain Name. However, the Panel does not propose to dismiss the Complaint on such a narrow ground and for the purposes of this administrative proceeding treats the Complaint as having been filed by the Complainant on behalf of the Company and with a view to the Domain Name being transferred to the Company