Decisión del Panel Administrativo nº D2016-0321 of WIPO Arbitration and Mediation Center, April 25, 2016 (case American Woodmark Corporation v. Domain Registries Foundation / Domain May Be For Sale, Check Afternic.Com, Domain Admin)

Resolution DateApril 25, 2016
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

American Woodmark Corporation v. Domain Registries Foundation / Domain May Be For Sale, Check Afternic.Com, Domain Admin

Case No. D2016-0321

1. The Parties

The Complainant is American Woodmark Corporation of Winchester, Virginia, United States of America, represented by Gavin Law Offices, PLC, United States of America.

The Respondent is Domain Registries Foundation / Domain May Be For Sale, Check Afternic.Com, Domain Admin of Panama City, Panama, represented by Willenken Wilson Loh & Delgado, LLP, United States of America.

2. The Domain Name and Registrar

The disputed domain name [waypointcabinets.com] is registered with GoDaddy.com, LLC (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on February 17, 2016. On February 17, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On February 17, 2016, the Registrar 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" 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 proceeding commenced on March 3, 2016. In accordance with the Rules, paragraph 5, the due date for Response was March 23, 2016. The Response was filed with the Center on March 19, 2016.

On March 30, 2016, the Center received a Supplemental Filing from the Complainant.

The Center appointed Knud Wallberg as the sole panelist in this matter on April 12, 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, American Woodmark Corporation, manufactures and distributes kitchen and bathroom cabinets for use in new homes and remodels. The Complainant markets over 500 lines of cabinetry (including the Waypoint line) sold under different brand names, including Waypoint Living Spaces.

The Complainant is the holder of a large number of registered trademarks in the United States of America, including WAYPOINT and WAYPOINT LIVING SPACES for goods and services class 20 covering inter alia kitchen cabinets and bathroom cabinets, registered on May 11, 2011.

The Complainant has also registered a number of domain names that incorporate its...

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