Decisión del Panel Administrativo nº D2016-2476 of WIPO Arbitration and Mediation Center, February 08, 2017 (case F5 Networks, Inc. v. Dennis Brooks)

Resolution DateFebruary 08, 2017
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediatin Center

ADMINISTRATIVE PANEL DECISION

F5 Networks, Inc. v. Dennis Brooks

Case No. D2016-2476

1. The Parties

The Complainant is F5 Networks, Inc. of Seattle, Washington, United States of America (“United States” or “U.S.”), represented by Rosen Lewis, PLLC, United States.

The Respondent is Dennis Brooks of New York, United States.

2. The Domain Name and Registrar

The disputed domain name [f5-incorporated.com] is registered with eNom, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 6, 2016. On December 7, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On the same date, 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 Complainant filed an amended Complaint on December 13, 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 Respondent of the Complaint, and the proceedings commenced on December 15, 2016. In accordance with the Rules, paragraph 5, the due date for Response was January 4, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 5, 2017.

The Center appointed Martin Schwimmer as the sole panelist in this matter on January 20, 2017. 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 communication network products and services. It has used the F5 trademark (the “Trademark”), registered in the United States in 1997, since 1996. The disputed domain name was allegedly used by the Respondent to post fake job listings purporting to originate with the Complainant, presumably to lure...

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