Decisión del Panel Administrativo nº D2016-2111 of WIPO Arbitration and Mediation Center, December 02, 2016 (case TDBBS, Inc. v. Mark Dimitrijevic)
| Resolution Date | December 02, 2016 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Complaint denied |
| Dominio | Generic Domains |
Complainant is TDBBS, Inc. of Henrico, Virginia, United States of America ("United States"), represented by Threshold Counsel, PC, United States.
Respondent is Mark Dimitrijevic of Cypress, Texas, United States.
The disputed domain name [pawluxury.com] is registered with GoDaddy.com, LLC (the "Registrar").
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on October 17, 2016. On October 18, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 20, 2016, the Registrar transmitted by email to the Center its verification response confirming that 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 Respondent of the Complaint, and the proceedings commenced on October 21, 2016. In accordance with the Rules, paragraph 5, the due date for Response was November 10, 2016. Respondent did not submit any response. Accordingly, the Center notified Respondent's default on November 11, 2016.
The Center appointed Frederick M. Abbott as the sole panelist in this matter on November 18, 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.
Complainant is the owner of registration for the word service mark PAWLUXURY on the Principal Register of the United States Patent and Trademark Office (USPTO), registration number 3,698,575, registration dated October 20, 2009, in international class 35, covering "online retail store services in the field of pet supplies". In its application for registration, Complainant asserted a date of first use and first use in commerce of April 8, 2008.
Complainant operates a commercial website at "www.pawlux.com", where it hosts an online retail store in the field of pet supplies.
According to the Registrar's verification, Respondent is registrant of the disputed domain name. According to that verification, the date of creation of the record of registration is December 7, 2003, and Respondent has been the registrant since that date.
As of on or about the filing date of the Complaint, the disputed domain name was parked at a "free" parking page furnished by the Registrar, GoDaddy.com. That parking page included various sponsored links. Although a number of those links are unrelated to the services business of Complainant (e.g., rental apartments, loans and templates), several referred to businesses involving pets (e.g., puppies for sale, crate training), and a few referred to pet...
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