Decisión del Panel Administrativo nº D2013-0788 of WIPO Arbitration and Mediation Center, July 22, 2013 (case Take-Two Interactive Software, Inc. v. Above.com Domain Privacy / Transure Enterprise Ltd)
| Resolution Date | July 22, 2013 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Take-Two Interactive Software, Inc. of New York, New York, United States of America, represented by Mitchell, Silberberg & Knupp, LLP, United States of America.
The Respondents are Above.com Domain Privacy of Beaumaris, Australia / Transure Enterprise Ltd, Host Master of Tortola, British Virgin Islands , United Kingdom of Great Britain and Northern Ireland.
The disputed domain name [gta5free.com] is registered with Above.com, Inc. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 2, 2013. On May 3, 2013, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 7, 2013, 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 Respondents and contact information in the Complaint. The Center sent an email communication to the Complainant on May 7, 2013 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 May, 7 2013.
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(a) and 4(a), the Center formally notified the Respondents of the Complaint, and the proceedings commenced on May 10, 2013. In accordance with the Rules, paragraph 5(a), the due date for Response was May 30, 2013. The Respondents did not submit any response. Accordingly, the Center notified the Respondents’ default on May 31, 2013.
The Center appointed Francine Tan as the sole panelist in this matter on June 13, 2013. 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 Panel noted that certain facts alleged in the amended Complaint were not properly supported. The amended Complaint also made reference to an exhibit which was not attached. A Procedural Order No. 1 was issued on July 3, 2013. An extension of time was sought by the Complainant till July 10, 2013, to submit a further amended Complaint to address the issues raised in the Procedural Order. A second amended Complaint was submitted by the Complainant. The Respondents were given till July 13, 2013, to file comments in response to this submission but none were received by the Center.
The Complainant is a global leader in the development, marketing and publishing of interactive entertainment for consumers. Among other products, it develops and publishes video games designed for multiple platforms, including personal computers, mobile phones, “iOS” devices (e.g. iPhone, iPad), handheld gaming units (e.g. Sony Playstation Portable, Nintendo DS), and gaming console systems (e.g. Microsoft Xbox 360, Sony Playstation, Nintendo Wii), delivered through physical retail, digital download, online platforms and cloud streaming services. The Complainant is one of the world’s most famous and successful video game developers and publishers and has produced and continues to produce some of the most popular and best-selling video games of all time.
One of the video game series produced by the Complainant, through its wholly-owned subsidiary, Rockstar Games, Inc., is GRAND THEFT AUTO or GTA. The first GTA video game was released in 1998 and, since that time, the series has included GTA LONDON, GTA2, GRAND THEFT AUTO III, GRAND THEFT AUTO: SAN ANDREAS, GRAND THEFT AUTO: VICE CITY, GRAND THEFT...
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