Decisión del Panel Administrativo nº D2016-1104 of WIPO Arbitration and Mediation Center, July 19, 2016 (case Dave Buster’s I, L.P. v. Whois Agent, Whois Privacy Protection Service, Inc. / Woody Goulart, Neon Fun Desert, LLC)

• Resolution Date: July 19, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Dave & Buster’s I, L.P. v. Whois Agent, Whois Privacy Protection Service, Inc. / Woody Goulart, Neon Fun Desert, LLC

Case No. D2016-1104

1. The Parties

The Complainant is Dave & Buster’s I, L.P. of Dallas, Texas, United States of America (“United States”), represented by Holland & Knight LLC of Washington D.C., United States.

The Respondent is Whois Agent, Whois Privacy Protection Service, Inc. of Kirkland, Washington, United States / Woody Goulart, Neon Fun Desert, LLC of Las Vegas, Nevada, United States.

2. The Domain Name and Registrar

The disputed domain name [eatdrinkplay.vegas] (the “Disputed Domain Name”) is registered with eNom, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 1, 2016. On June 2, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On the same date, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Disputed Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on June 7, 2016, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on June 13, 2016.

The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on June 14, 2016. In accordance with the Rules, paragraph 5, the due date for Response was July 4, 2016. The Respondent filed email communications with the Center on June 20, 21 and 22, 2016, stating that he was not challenging the dispute, would transfer the Disputed Domain Name to the Complainant, and did not wish to file any further response. The Complainant chose to continue the proceeding and obtain a decision from the Panel.

The Center appointed Lynda M. Braun as the sole panelist in this matter on July 5, 2016. 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

The Complainant is a well-known provider of restaurant, bar and game entertainment services throughout the...