Decisión del Panel Administrativo nº D2016-0189 of WIPO Arbitration and Mediation Center, April 25, 2016 (case Gilead Sciences, Inc., Gilead Sciences Ireland UC v. Privacy protection service - whoisproxy.ru / Ivan Ivanov, Privacy Hero Inc. / Nikhil Aarav, Domain Admin, Privacy Protection Service INC d/b/a PrivacyProtect.org / Aarav Nikhil)

• Resolution Date: April 25, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Gilead Sciences, Inc., Gilead Sciences Ireland UC v. Privacy protection service - whoisproxy.ru / Ivan Ivanov, Privacy Hero Inc. / Nikhil Aarav, Domain Admin, Privacy Protection Service INC d/b/a PrivacyProtect.org / Aarav Nikhil

Case No. D2016-0189

1. The Parties

The Complainant is Gilead Sciences, Inc. of Foster City, California, United States of America, and Gilead Sciences Ireland UC of Carrigtohill, County Cork, Ireland, internally represented.

The Respondents are Privacy protection service - whoisproxy.ru, of Moscow, Russian Federation / Ivan Ivanov of Mumbai, India; Privacy Hero Inc. of St. Peter, Barbados / Nikhil Aarav of Mumbai, India; Domain Admin, Privacy Protection Service INC d/b/a PrivacyProtect.org, of Nobby Beach, Queensland (the "Respondent").

2. The Domain Names and Registrars

The disputed domain name [buyharvonicheap.com] is registered with the Registrar Rebel.com Corp., the disputed domain names [buygenericharvoni.net] and [buygenericharvonionline.com] are registered with the Registrar JSC Registrar R01, and the disputed domain names [buyharvonionline.net] and [buyharvonionline.org] are registered with the Registrar REG.RU LLC., (the Registrars").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on January 29, 2016. On February 1, 2016, the Center transmitted by email to the Registrars a request for registrar verification in connection with the disputed domain names. On February 12, 2016, the Registrar Rebel.com Corp. transmitted by email to the Center its verification response, disclosing registrant and contact information for the disputed domain name [buyharvonicheap.com] which differed from the named Respondent and contact information in the Complaint. On February 2, 2016, the Registrar JSC Registrar R01 transmitted by email to the Center its verification response, disclosing registrant and contact information for the disputed domain names [buygenericharvoni.net] and [buygenericharvonionline.com] which differed from the named Respondent and contact information in the Complaint. On February 18, 2016, the Registrar Reg.RU LLC transmitted by email to the Center its verification response, disclosing registrant and contact information for the disputed domain names [buyharvonionline.net] and [buyharvonionline.org] which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on February 18, 2016, providing the registrants and contact information disclosed by the Registrars, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on the same date.

On February 18, 2016, the Center sent an email communication to the Parties in both English and Russian, regarding the language of the proceeding. On February 18, 2016, the Complainant requested English to be the language of proceeding. The Respondent did not comment on this request within the deadline set by the Center.

The Center verified that 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 in both English and Russian, and the proceedings commenced on February 24, 2016. In accordance with the Rules, paragraph 5, the due date for Response was March 15, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on March 18, 2016.

The Center appointed Assen Alexiev as the sole panelist in this matter on April 4, 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 the consolidation of the disputes in relation to each of the disputed domain names in a single proceeding. In support of its request, the Complainant has pointed out that paragraph 10(e) of the Rules authorizes the Panel to consolidate multiple domain name proceedings into a single dispute. According to the Complainant, a single person has common control and registered all disputed domain names, because they were all registered within a day of each other on December 16 or 17, 2015, the IP address listed for all of them is the same, and the websites associated to the disputed domain names are virtually identical. In its amended Complaint, the Complainant also points out to the fact that the Respondent has provided a common email address for the purposes of the registration of all disputed domain names. The Respondent has not rejected the consolidation request and has not denied the contentions of the...