Decisión del Panel Administrativo nº D2015-0286 of WIPO Arbitration and Mediation Center, April 16, 2015 (case AXA SA v. Damon Nelson, Quantec, LLC/ Novo Point LLC)
Resolution Date | April 16, 2015 |
Issuing Organization | WIPO Arbitration and Mediation Center |
Decision | Transfer |
Dominio | Generic Domains |
The Complainant is AXA SA of Paris, France, represented by Selarl Candé - Blanchard - Ducamp, France.
The Respondent is Damon Nelson, Quantec, LLC/ Novo Point LLC of Dallas, Texas, United States of America (“USA”).
The disputed domain name, [axaonlline.com] (the “Domain Name”), is registered with Fabulous.com (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 23, 2015. On February 23, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On February 24, 2015, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on February 26, 2015 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 amendment to the Complaint on February 26, 2015.
The Center verified that the Complaint together with the amendment to 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on March 6, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was March 26, 2015. However, apart from an informal communication submitted to the Center by the Respondent Damon Nelson on February 26, 2015, which is dealt with in section 4 below, the Respondent has not responded to the Complaint.
On March 30, 2015, the Center informed the parties about the commencement of the Panel appointment process.
The Center appointed Tony Willoughby as the sole panelist in this matter on April 7, 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.
The issue giving rise to the amendment of the original Complaint was that the Respondent had been utilizing a privacy service, which was named as the registrant of the Domain Name in the original Complaint. For the purposes of this decision all references to the Respondent are references to the above-named Damon Nelson, Quantec, LLC/ Novo Point LLC, the underlying registrant, names disclosed by the Registrar, noting also...
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