Tesla Motors, Inc. just won the rights to the Domain name TSLA.com is a one member UDRP panel decision although it was willing to give up the domain name to Tesla.
It’s a shame that the case had to go to a decision.
“”Respondent, via its formal Response, consents to having the at-issue domain name transferred to Complainant.””
Many domainers have the opinion that they will always have the option of just giving a domain name to a trademark holder but this once again shows that is not always the case.
The difference is that since the case went to a decision the domain owner now has a lose on the UDRP records (actually 2).
The domain owner did successful defend a UDRP on the domain name ewomen.com
The one member panel of Paul M. DeCicco on the issue of “Consent To Transfer”
Paragraph 15(a) of the Rules thus permits a panel to grant a complainant’s requested relief without deference to Policy ¶¶4(a)ii or 4(a)iii when a respondent consents to such relief.
Since there is a clear indication in the record that Respondent agrees to transfer the at-issue domain name to Complainant, the Panel follows its rationale set out in Homer TLC, Inc. v. Jacek Woloszuk, FA613637 (Nat. Arb. Forum May 17, 2015), as well as in other similarly reasoned decisions where the respondent likewise agreed to transfer the at-issue domain name to the complainant.
As more fully discussed in the cases referenced above, as a necessary prerequisite to Complainant obtaining the requested relief, even where Respondent consents to such relief, Complainant must nevertheless demonstrate that it has rights in a mark that is confusingly similar or identical to the at-issue domain name.
In the instant case, Complainant establishes its rights in the TESLA mark through its USPTO trademark registration of such mark. See Paisley Park Enters. v. Lawson, FA 384834 (Nat. Arb. Forum Feb. 1, 2005) (finding that the complainant had established rights in the PAISLEY PARK mark under Policy ¶ 4(a)(i) through registration of the mark with the USPTO). Furthermore, Respondent’s
Respondent’s unequivocal consent-to-transfer the at-issue domain name to Complainant compels the Panel to order that the