Decisión del Panel Administrativo nº D2015-0120 of WIPO Arbitration and Mediation Center, March 20, 2015 (case Accor and SoLuxury HMC v. Whois Privacy Protection Service, Inc. / Kit and Kaboodle)

• Resolution Date: March 20, 2015
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Accor and SoLuxury HMC v. Whois Privacy Protection Service, Inc. / Kit and Kaboodle

Case No. D2015-0120

1. The Parties

The Complainants are Accor and SoLuxury HMC of Paris, France, represented by Dreyfus & Associés, France.

The Respondent is Whois Privacy Protection Service, Inc. / Kit and Kaboodle, of Mumbai, India.

2. The Domain Name and Registrar

The disputed domain name [sofitelmelbourne.com] is registered with eNom (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 22, 2015. On January 26, 2015, 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 Complainants on January 27, 2015 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainants to submit an amendment to the Complaint. The Complainants filed an amended Complaint on February 2, 2015.

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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on February 3, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was February 23, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 24, 2015.

The Center appointed Emre Kerim Yardimci as the sole panelist in this matter on March 3, 2015. 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

Complainants are Accor and its subsidiary SoLuxury HMC. Accor has been providing services in the hotel...