Decisión del Panel Administrativo nº D2010-1657 of WIPO Arbitration and Mediation Center, November 23, 2010 (case AlliedBarton Security Services LLC v. Unknown! c/o Moniker Privacy Services / Charlie Kalopungi (Registrant ID: 3197166))

JudgeDavid Taylor
Resolution DateNovember 23, 2010
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

AlliedBarton Security Services LLC v. Unknown! c/o Moniker Privacy Services / Charlie Kalopungi (Registrant ID: 3197166)

Case No. D2010-1657

1. The Parties

The Complainant is AlliedBarton Security Services LLC of King of Prussia, Pennsylvania, the United States of America, represented by Cozen O'Connor, the United States of America.

The Respondents are Unknown! c/o Moniker Privacy Services of Pompano Beach, Florida, the United States of America and Charlie Kalopungi of Seychelles, Republic of Seychelles.

2. The Domain Name and Registrar

The disputed domain name [wwwmyalliedbarton.com] (“the Domain Name”) is registered with Moniker Online Services, LLC.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 30, 2010 naming Anonymous Registrant of [wwwmyalliedbarton.com] as the Respondent. On October 1, 2010, the Center transmitted by email to Moniker Online Services, LLC. a request for registrar verification in connection with the disputed domain name. On the same day, Moniker Online Services, LLC. transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on October 4, 2010 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on the same day, naming Charlie Kalopungi as the Respondent.

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(a) and 4(a), the Center formally notified the Respondents of the Complaint, and the proceedings commenced on October 7, 2010. In accordance with the Rules, paragraph 5(a), the due date for Response was October 27, 2010. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 28, 2010.

The Center appointed David Taylor as the sole panelist in this matter on November 8, 2010. 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

The factual background is taken from the submissions contained in the Amended Complaint and the exhibits annexed thereto given that no Response was filed.

The Complainant is AlliedBarton Security Services LLC, a Delaware corporation. The Complainant is engaged in the business of security services. The Complainant operates the website “www.myalliedbarton.com”. The website “www.myalliedbarton.com” is used for the benefit of the Complainant's employees.

The Complainant owns several United States trade mark registrations including the following:

- ALLIEDBARTON registered on September 19, 2006 with the USPTO under number 3144421;

- ALLIEDBARTON SECURITY SERVICES registered on October 10, 2006 with the USPTO under number 3152959;

- ALLIEDBARTON SECURITY SERVICES & Design registered on April 3, 2007 with the USPTO under number 3223891; and

- ALLIEDBARTON & Design registered on September 19, 2006 with the USPTO under number 3144420.

The Domain Name was registered on July 21, 2010 via the domain name privacy service of the...

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