Decisión del Panel Administrativo nº DCO2016-0011 of WIPO Arbitration and Mediation Center, April 25, 2016 (case Fareportal Inc. v. SUN Lingmin)

Resolution DateApril 25, 2016
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioColombia (.co)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Fareportal Inc. v. SUN Lingmin

Case No. DCO2016-0011

1. The Parties

The Complainant is Fareportal Inc. of New York, New York, United States of America ("United States"), represented by Cowan, DeBaets, Abrahams & Sheppard, LLP, United States.

The Respondent is SUN Lingmin of Xu Chang, China.

2. The Domain Name and Registrar

The disputed domain name [cheapoair.co] is registered with Web Commerce Communications Limited dba WebNic.cc (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on March 9, 2016. On March 9, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On March 11, 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 the Complainant on March 15, 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 15, 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 March 16, 2016. In accordance with the Rules, paragraph 5, the due date for Response was April 5, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on April 6, 2016.

The Center appointed Rodrigo Azevedo as the sole panelist in this matter on April 11, 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 is a technology company that develops computer software used to power travel-related websites, including the Internet-based travel agency "www.cheapoair.com". Through this and other websites, the Complainant offers travel-related services including airfare, temporary lodging, car rentals, and vacation packages.

For nearly the past decade, the Complainant has provided its travel-related services to the public using the CHEAPOAIR trademark. The CHEAPOAIR trademark, with a date of first use in commerce of July 1, 2005, is registered with the United States Patent and Trademark Office.

The disputed domain name was registered on July 20, 2010.

The Panel accessed the website at...

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