Decisión del Panel Administrativo nº D2016-0560 of WIPO Arbitration and Mediation Center, May 18, 2016 (case Dymocks Holdings Pty Ltd. v. Heng Zhong / Whois Agent, Whois Privacy Protection Service, Inc.)

• Resolution Date: May 18, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Dymocks Holdings Pty Ltd. v. Heng Zhong / Whois Agent, Whois Privacy Protection Service, Inc.

Case No. D2016-0560

1. The Parties

The Complainant is Dymocks Holdings Pty Ltd. of Sydney, Australia, represented by Norton Rose Fulbright LLP, Australia.

The Respondents are Heng Zhong of Malden, Massachusetts, United States of America / Whois Agent, Whois Privacy Protection Service, Inc. of Kirkland, Washington, United States of America.

2. The Domain Name and Registrar

The disputed domain name [dymocks.com] (the "Disputed Domain Name") is registered with eNom, Inc. (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on March 22, 2016. On March 22, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On the same day, 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 Complainant on March 23, 2016 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 amended Complaint on March 29, 2016.

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 and 4, the Center formally notified the Respondents of the Complaint, and the proceeding commenced on March 30, 2016. In accordance with the Rules, paragraph 5(a), the due date for Response was April 19, 2016. The Respondents did not submit any response. Accordingly, the Center notified the Respondents' default on April 20, 2016.

On April 27, 2016, an unsolicited supplemental filing (the "Supplemental Filing") was received from the Complainant.

The Center appointed Nick J. Gardner, Andrew F. Christie and Richard G. Lyon as panelists in this matter on May 9, 2016. The Panel finds that it was properly constituted. Each member of 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 is an Australian company. It operates a network of 59 franchised retail bookstores throughout Australia under the name "Dymocks". The first Dymocks bookstore began operating in Sydney, Australia in 1879.

Since 1879, the Complainant (or the Complainant's predecessors) has offered and continues to offer printed books for sale. Over time, the Complainant has expanded the range of goods offered for sale to include diaries and calendars, stationery, games and puzzles...