Decisión del Panel Administrativo nº D2016-1515 of WIPO Arbitration and Mediation Center, September 15, 2016 (case Edgewell Personal Care Brands, LLC v. Christopher Visser, All Top 3 / WhoisGuard Protected, Whois Guard, Inc.)

• Resolution Date: September 15, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Edgewell Personal Care Brands, LLC v. Christopher Visser, All Top 3 / WhoisGuard Protected, Whois Guard, Inc.

Case No. D2016-1515

1. The Parties

Complainant is Edgewell Personal Care Brands, LLC of Shelton, Connecticut, United States of America ("United States"), represented by Thompson Coburn LLP, United States.

Respondent is Christopher Visser, All Top 3 of Altamonte Springs, Florida, United States / WhoisGuard Protected, Whois Guard, Inc. of Panama City, Panama.

2. The Domain Name and Registrar

The disputed domain name [bananaboat.xyz] is registered with NameCheap, Inc. (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on July 26, 2016. On July 26, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 29, 2016, 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 Complainant on August 1, 2016, providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on August 5, 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 Respondent of the Complaint, and the proceeding commenced on August 10, 2016. In accordance with the Rules, paragraph 5, the due date for Response was August 30, 2016. Respondent did not submit any response. Accordingly, the Center notified Respondent's default on August 31, 2016.

The Center appointed Gary J. Nelson as the sole panelist in this matter on September 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.

4. Factual Background

Complainant is the owner of a large number of trademark registrations for BANANA BOAT in the United States, and throughout the world. Complainant uses its BANANA BOAT in connection with its sunblock and sunscreen preparations, and related skincare products. Specifically, Complainant owns at least the following trademark registrations:

Country/Territory	Registration No.	Mark	Classes	Date of Registration
United States	1093524	BANANA BOAT	003	June 20, 1978
United States	1754761	BANANA BOAT	003; 005; 025	March 2, 1993

The disputed domain name, [bananaboat.xyz], appears to have been registered on November 19, 2015, and resolves to a website with multiple...