WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
General Electric Company, CareCredit LLC v. Texas International Property Associates
Case No. D2008-0456
1. The Parties
Complainant is General Electric Company, and its wholly owned subsidiary CareCredit LLC, of United States of America, represented by Kilpatrick Stockton, LLP, United States of America.
Respondent is Texas International Property Associates, of United States of America, represented by Law Office of Gary Wayne Tucker, United States of America.
2. The Domain Name and Registrar
The disputed domain name is registered with Compana LLC.
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 25, 2008. On March 26, 2008, the Center transmitted by email to Compana LLC a request for registrar verification in connection with the domain name at issue. On March 28, and April 4, 2008, 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”), 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 April 15, 2008. In accordance with the Rules, paragraph 5(a), the due date for Response was May 4, 2008. The Response was filed with the Center on May 4, 2008.
The Center appointed Sandra A. Sellers as the sole panelist in this matter on May 27, 2008. 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 is one of the world’s leading multinational technology, industrial, financial and services companies, providing a wide array of products and services, including, for example, aircraft jet engines, electricity, lighting, entertainment, finance, medical imaging equipment, motors, plastics, silicones, railway locomotives, security and industrial automation. Complainant holds worldwide registrations for the CARECREDIT mark, and has extensively used the mark CARECREDIT in connection with financial services, including financing to dentists, doctors, veterinarians, and to patients for care received. Complainant owns and operates the domain name to deliver information concerning Complainant’s financing services.
5. Discussion and Findings
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, 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 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 be transferred to the Complainant.
Sandra A. Sellers
Sole Panelist
Dated: June 2, 2008
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