Decisión del Panel Administrativo nº D2015-2052 of WIPO Arbitration and Mediation Center, February 01, 2016 (case The Sherwin-Williams Company v. Whois Privacy Services Pty Ltd / Lisa Katz, Domain Protection LLC)

Resolution DateFebruary 01, 2016
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

The Sherwin-Williams Company v. Whois Privacy Services Pty Ltd / Lisa Katz, Domain Protection LLC

Case No. D2015-2052

1. The Parties

Complainant is The Sherwin-Williams Company of Cleveland, Ohio, United States of America, represented internally.

Respondent is Whois Privacy Services Pty Ltd of Queensland, Australia / Lisa Katz, Domain Protection LLC of Dallas, Texas, United States of America.

2. The Domain Name and Registrar

The disputed domain name [sherwinwilliamsautomotive.com] is registered with Fabulous.com (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 11, 2015. On November 12, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 16, 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 Complainant on December 11, 2015 providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on December 14, 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 December 16, 2015. In accordance with the Rules, paragraph 5, the due date for Response was January 5, 2016. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on January 6, 2016.

The Center appointed Sandra A. Sellers as the sole panelist in this matter on January 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.

4. Factual Background

Complainant is the largest coatings manufacturer in the United States, and the third largest in the world. Its various types of paints and coatings are used in many markets, including the automotive industry. Its Automotive Finishes Division manufactures and sells automotive finishes in North America...

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