Decisión del Panel Administrativo nº D2015-0462 of WIPO Arbitration and Mediation Center, May 15, 2015 (case Uline, Inc. v. Bhavna Babaria)
| Resolution Date | May 15, 2015 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Uline, Inc. of Pleasant Prairie, Wisconsin, United States of America (“USA” or “US”), represented internally.
The Respondent is Bhavna Babaria of Riverside, California, USA, represented by Revision Legal, USA.
The disputed domain name [ulineshipping.com ] (the “Domain Name”) is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 16, 2015. On March 17, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On March 19, 2015, 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on March 20, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was April 9, 2015. On April 8, 2015, the Center received a stipulation signed by both parties extending the due date for Response to April 23, 2015. The Response was filed with the Center on April 23, 2015.
The Center appointed W. Scott Blackmer as the sole panelist in this matter on May 1, 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.
The Complainant is a family-owned business corporation headquartered in Wisconsin, USA. The Uihlein family started the business in 1980, and the company name is evidently an Anglicized version of the family name. The Complaint includes little information about the Complainant’s business, apart from identifying the classes of goods sold under its ULINE mark, which corresponds to the company name: packaging and shipping supplies, including boxes, facility maintenance supplies, janitorial supplies, industrial supplies, material handling supplies, safety supplies, and warehousing supplies. The Complainant also uses the ULINE mark for online and retail services supporting the sale of those goods.
The Complainant operates a website at “www.uline.com”. According to the Complainant’s website, the Complainant is “the leading distributor of shipping, industrial and packaging materials to businesses throughout North America”. The Complainant, which employs more than 4,000 employees, distributes a 600-page catalogue to businesses in the USA, Canada, and Mexico, selling thousands of products (including numerous “shipping” supplies and several kinds of plastic bags) by telephone as well as online.
The Complainant holds the following US trademark registrations:
| MARK | REGISTRATION NUMBER | REGISTRATION DATE |
| ULINE (standard characters) | 2165496 | June 16, 1998 |
| ULINE SHIPPING SUPPLY SPECIALISTS (words and design) | 3316687 | October 23, 2007 |
| ULINE (words and design) | 3316683 | October 23, 2007 |
| ULINE TUFF WIPES | 3706516 | November 3, 2009 |
| ULINE.COM | 4034337 | October 4, 2011 |
| ULINE | 4284651 | February 5, 2013 |
The Respondent is an individual residing in California, USA. According to the Respondent’s Declaration attached to the Response, the Respondent is a “distributor and wholesaler of customized plastic bags” imprinted with a customer’s logo or slogan. Advertising and sales are made primarily through the Respondent’s website at “www.aplasticbag.com”. The Respondent...
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