Decisión del Panel Administrativo nº D2015-2130 of WIPO Arbitration and Mediation Center, February 02, 2016 (case Boot Royalty Company, L.P. and Justin Brands, Inc. v. Domain Admin, Whois Privacy Corp.)

Resolution DateFebruary 02, 2016
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Boot Royalty Company, L.P. and Justin Brands, Inc. v. Domain Admin, Whois Privacy Corp.

Case No. D2015-2130

1. The Parties

The Complainant is Boot Royalty Company, L.P. and Justin Brands, Inc. of Fort Worth, Texas, United States of America (“United States” or “US”), represented by Kelly Hart & Hallman LLP, United States.

The Respondent is Domain Admin, Whois Privacy Corp. of Nassau, Bahamas.

2. The Domain Name and Registrar

The disputed domain name [tonylama.org] is registered with Internet.bs Corp. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 24, 2015. On November 24, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 25, 2015, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the Respondent’s 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on December 1, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was December 21, 2015. The Response was filed with the Center on December 20, 2015.

On December 22, 2015, the Center received a Supplemental Filing (the “Reply”) from the Complainant.

The Center appointed Christopher J. Pibus as the sole panelist in this matter on January 7, 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.

On January 26, 2016, the Panel issued an Order permitting the Respondent to file a further response. On January 30, 2016, the Respondent filed its response (“Supplementary Response”).

4. Factual Background

The Complainant is a designer, manufacturer and distributor of footwear, apparel, belts and accessories. The Complainant has manufactured and sold boots under the trademark TONY LAMA since 1911, and belts since the early 1970s. The Complainant’s products are sold by approximately 3,700 retailers and distributors in over 40 countries around the world.

The Complainant owns many trademark registrations for the mark TONY LAMA, including those listed below:

TONY LAMA Design US Registration No. 0525522 dated May 23, 1950

TONY LAMA US Registration No. 0913819 dated June 8, 1971

TONY LAMA Design US Registration No. 1,088,159 dated March 28, 1978

TONY LAMA Design US Registration No. 1,220,072 dated...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT