Decisión del Panel Administrativo nº D2015-1125 of WIPO Arbitration and Mediation Center, August 21, 2015 (case Werner Media Partner's, LLC DBA Nature's Sleep, LLC v. ICS INC.)
| Resolution Date | August 21, 2015 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Werner Media Partner's, LLC DBA Nature's Sleep, LLC of Plantation, Florida, United States of America (the "USA"), represented by Scot Sunnergren, USA.
The Respondent is ICS INC of Grand Cayman, Cayman Islands, Overseas Territory of the United Kingdom of Great Britain and Northern Ireland (the "UK").
The disputed domain name [naturesleep.com] is registered with Tucows Inc. (the "Registrar").
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on July 1, 2015. On July 1, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 2, 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 July 14, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was August 3, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on August 4, 2015.
The Center appointed Christopher J. Pibus as the sole panelist in this matter on August 7, 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 an American-owned provider of memory foam products such as mattresses, pillows, and toppers and was established in 2002. The business has been using the trademark NATURE'S SLEEP and the domain name [naturessleep.com] to sell these products for over 13 years.
The Complainant owns several trademark...
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