Decisión del Panel Administrativo nº D2016-1583 of WIPO Arbitration and Mediation Center, September 20, 2016 (case Ecom Holdings Pty Ltd v. Innovation Consulting LTD / Veelin Admin, Veelin International Inc / WhoisGuard Protected, WhoisGuard, Inc.)

• Resolution Date: September 20, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Ecom Holdings Pty Ltd v. Innovation Consulting LTD / Veelin Admin, Veelin International Inc / WhoisGuard Protected, WhoisGuard, Inc.

Case No. D2016-1583

1. The Parties

The Complainant is Ecom Holdings Pty Ltd of Southport, Australia, represented by Fisher Adams Kelly Callinans, Australia.

The Respondent is Innovation Consulting LTD of Hong Kong, China / Veelin Admin, Veelin International Inc of San Francisco, United States of America / WhoisGuard Protected, WhoisGuard, Inc of Panama City, Panama.

2. The Domain Names and Registrars

The disputed domain names [brazilcupid.date], [dominicancupid.date], [filipinocupid.date], [hongkongcupid.date], [japancupid.date], [latincupid.date], [mexicancupid.date], [rossiyacupid.com], [singaporecupid.date], and [ukrainacupid.com] are registered with eNom, Inc.

The disputed domain names [chinacupid.date], [colombiacupid.co], [indonesiacupid.co], [koreacupid.co], [malaysiacupid.co], [southafricacupid.co], [thaicupid.me], and [vietcupid.co] are registered with NameCheap, Inc.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on August 4, 2016. On August 4, 2016, the Center transmitted by email to the Registrars a request for registrar verification in connection with the disputed domain names. On August 8, 2016, the Registrars transmitted by email to the Center their verification responses 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 proceedings commenced on August 12, 2016. In accordance with the Rules, paragraph 5, the due date for Response was September 1, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on September 2, 2016.

The Center appointed Steven A. Maier as the sole panelist in this matter on September 6, 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.

The Complainant has requested consolidation of the proceedings on the grounds that, despite differences in the relevant WhoIs particulars, namely the use of a privacy service for some of the disputed domain names, all of the disputed domain names are in fact under common control.

4. Factual Background

The Complainant is a limited company incorporated in Australia. It provides dating agency and related services and is the owner of registered trademarks in Class 45 including the following:

- Brazil trademark number 830429905 for a heart device and the term BRAZILCUPID registered on October 9, 2012;

- Colombia trademark number 394455 for a heart device and the term COLOMBIANCUPID registered on January 29, 2010;

- Dominican Republic trademark number 2009-12068 for a heart device and the term DOMINICANCUPID registered on May 21, 2010;

- International (Madrid) trademark number 1004150 for a heart...