Decisión del Panel Administrativo nº D2006-0211 of WIPO Arbitration and Mediation Center, June 09, 2006 (case Wal-Mart Stores, Inc. vs. Gerry Senker)

• Judge: Sandra J. Franklin
• Resolution Date: June 09, 2006
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

1. The Parties

   Complainant is Wal-Mart Stores, Inc., Bentonville, Arkansas, United States of America, represented by Welsh & Katz, Ltd, United States of America.

   Respondent is Gerry Senker, Marlton Pike, Pennsauken, New Jersey, United States of America.

2. The Domain Name and Registrar

   The disputed domain name [competewithwalmart.com] is registered with Melbourne IT trading as Internet Names Worldwide.

3. Procedural History

   The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on February 16, 2006. On February 17, 2006, the Center transmitted by email to Melbourne IT trading as Internet Names Worldwide a request for registrar verification in connection with the domain name at issue. On February 20, 2006, Melbourne IT trading as Internet Names Worldwide transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details for the administrative, billing, and technical contact. The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy"), 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 February 24, 2006. In accordance with the Rules, paragraph 5(a), the due date for Response was March 16, 2006. The Response was filed with the Center on March 15, 2006.

   Complainant requested a suspension of proceedings on March 17, 2006, and the parties were notified of the suspension by the Center on March 21, 2006. On April 19, 2006, Complainant requested an extension of the suspension, granted by the Center on April 20, 2006. On May 23, 2006, Complainant asked the Center to reinstitute the proceedings and filed a Supplemental Filing. The administrative proceedings were reinstituted by notification to both parties on May 24, 2006.

   The Center appointed Sandra J. Franklin as the sole panelist in this matter on May 26, 2006. 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...