Decisión del Panel Administrativo nº D2016-0575 of WIPO Arbitration and Mediation Center, April 28, 2016 (case Mr. Olufela Olufemi Anikulapo Kuti v. Domain Administrator, NameFind LLC)

Resolution DateApril 28, 2016
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Mr. Olufela Olufemi Anikulapo Kuti v. Domain Administrator, NameFind LLC

Case No. D2016-0575

1. The Parties

The Complainant is Mr. Olufela Olufemi Anikulapo Kuti of Lagos, Nigeria, represented by Olajide Oyewole LLP, Nigeria.

The Respondent is Domain Administrator, NameFind LLC of Cambridge, Massachusetts, United States of America.

2. The Domain Name and Registrar

The disputed domain name, [femikuti.com] (the "Domain Name"), is registered with GoDaddy.com, LLC (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on March 23, 2016. On March 24, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On March 24, 2016, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.

The Center verified that the 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 30, 2016. In accordance with the Rules, paragraph 5, the due date for Response was April 19, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on April 20, 2016.

The Center appointed Tony Willoughby as the sole panelist in this matter on April 22, 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 Nigerian musician who uses the stage name "Femi Kuti". He claims to have started out on his own in 1986, having previously performed as a member of his father's band.

The Domain Name was registered on June 10, 2004 and is connected to a pay-per-click webpage featuring links to a number of sites offering for sale the Complainant's records and/or tickets to the Complainant's...

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