Decisión del Panel Administrativo nº D2016-1696 of WIPO Arbitration and Mediation Center, October 14, 2016 (case The Terminix International Company v. Site Admin, Acme Mail)
Resolution Date | October 14, 2016 |
Issuing Organization | WIPO Arbitration and Mediation Center |
Decision | Transfer |
Dominio | Generic Domains |
The Complainant is The Terminix International Company of Memphis, Tennessee, United States of America ("United States"), represented by Partridge Partners PC, United States.
The Respondent is Site Admin, Acme Mail of Miami, Florida, United States.
The disputed domain name [terminx.com] is registered with DNC Holdings, Inc. (the "Registrar").
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on August 19, 2016. On August 22, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 23, 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 August 26, 2016. In accordance with the Rules, paragraph 5, the due date for Response was September 15, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on September 16, 2016.
The Center appointed Andrew J. Park as the sole panelist in this matter on September 28, 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.
The Complainant, The Terminix International Company, is the leading provider of pest control services in the world, serving millions of customers across twenty-two countries. It has been using the TERMINIX mark in connection with pest control services since 1928. The Complainant is the owner of numerous marks worldwide containing or compromising the term TERMINIX, including United States Registration No. 1,404,366 for TERMINIX, filed on December 18, 1985, and registered on August 5, 1986, and the Complainant is the owner of the domain name [terminix.com].
The disputed domain name was registered on October 26, 2000 and resolves to a website that has click-through links to websites of pest control companies other than the Complainant.
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