Decisión del Panel Administrativo nº D2016-1480 of WIPO Arbitration and Mediation Center, September 15, 2016 (case Comcast Corporation v. Domain Admin, WhoisPrivacy Corp.)

Resolution DateSeptember 15, 2016
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Comcast Corporation v. Domain Admin, WhoisPrivacy Corp.

Case No. D2016-1480

1. The Parties

The Complainant is Comcast Corporation of Philadelphia, Pennsylvania, United States of America (“USA”), represented by Wilkinson Barker Knauer, LLP, USA.

The Respondent is Domain Admin, WhoisPrivacy Corp. of Nassau, New Providence, Bahamas.

2. The Domain Name and Registrar

The disputed domain name [x-finity.net] (the “Domain Name”) is registered with Internet Domain Service BS Corp (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 22, 2016. On July 22, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On July 26, 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 of the Respondent.

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 proceedings commenced on August 3, 2016. In accordance with the Rules, paragraph 5, the due date for Response was August 23, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 24, 2016.

The Center appointed Dawn Osborne as the sole panelist in this matter on September 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 provides cable television, video on demand and streaming, Internet access, telephone, home and business security and related goods and services under the trade mark XFINITY registered in the USA. It has been using the XFINITY mark in commerce for its services since at least as early as February 3, 2010.

The Domain Name registered in 2014 has been pointed...

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