Decisión del Panel Administrativo nº D2015-1698 of WIPO Arbitration and Mediation Center, November 21, 2015 (case Pet Plan Ltd v. Jennie Moore / Domain Privacy Service FBO Registrant)

Resolution DateNovember 21, 2015
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Pet Plan Ltd v. Jennie Moore / Domain Privacy Service FBO Registrant

Case No. D2015-1698

1. The Parties

The Complainant is Pet Plan Ltd of Guildford, Surrey, United Kingdom of Great Britain and Northern Ireland (“United Kingdom”), represented by CSC Digital Brand Services AB, Sweden.

The Respondent is Jennie Moore of Hanies, Florida, United States of America (“United States”) / Domain Privacy Service FBO Registrant of Burlington, Massachusetts, United States.

2. The Domain Name and Registrar

The disputed domain name [preferredpetplan.com] (the “Disputed Domain Name”) is registered with Domain.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 24, 2015. On September 24, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On September 28, 2015, 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 September 30, 2015 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 September 30, 2015.

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 October 14, 2015. In accordance with the Rules, paragraph 5, the due date for Response was November 3, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 4, 2015.

The Center appointed John Swinson as the sole panelist in this matter on November 11, 2015. 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 Pet Plan Ltd of the United Kingdom. The Complainant provides pet insurance for both domestic and exotic pets in the United Kingdom and around the world through various licensees. The Complainant was founded in 1976, and is now a subsidiary of Allianz Insurance plc, one of the largest general insurers in the United Kingdom. The Complainant has won a number of awards for its services.

The Complainant owns registered trade marks for PETPLAN or PET PLAN in various jurisdictions, the earliest of which was registered on January 19...

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