Domain Dieting-A Weighty Issue Resolved. . .

Complainant is in the field of providing "weight-loss programs" food and products, under the registered trademark "Nutrisystem" and various iterations thereof.  Complainant has also operated or owned a website at "www.nutrisystem.com" for 10 years.  Respondent registered the disputed domain name "nutrisystems.com", merely adding an "s" to Complainant's marks and domain name.  Complainant instituted a WIPO proceeding seeking transfer of the disputed domain name, thereafter suspending the proceeding for almost 2 months while attempts were made to settle between the parties.  When settlement could not be reached, at Complainant's request, the proceeding was reinstated.

In response to the reinstated proceeding, Respondent agreed to the relief requested by the Complainant.  Since Respondent expressly consented to the remedy sought by Complainant and submitted no arguments or evidence in defense (although Respondent specified that its agreement was not an admission that the elements of paragraph 4(a) of the Policy were satisfied), the sole panelist held it to provide a basis for an immediate order for transfer without consideration of the paragraph 4(a) elements.  If only it were always that easy.   

Nutri/System, IPHC, Inc. v. Texas International Property Associates, WIPO Case No. D2007-0864