Decisión del Panel Administrativo nº D2018-2898 of WIPO Arbitration and Mediation Center, March 20, 2019 (case American International Industries v. Private Registration / Saul Ortiz)

• Resolution Date: March 20, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

American International Industries v. Private Registration / Saul Ortiz

Case No. D2018-2898

1. The Parties

Complainant is American International Industries of Commerce, California, United States of America (“United States”) represented by Conkle, Kremer & Engel, United States.

Respondent is Private Registration of Denver, United States / Saul Ortiz of Miami, Florida, United States.

2. The Domain Name and Registrar

The Disputed Domain Name [gigiwax.com] is registered with DotNamed LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 20, 2018. On December 20, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On December 20, 2018, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Disputed Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on December 26, 2018 providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on December 31, 2018.

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 and 4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on January 8, 2019. In accordance with the Rules, paragraph 5, the due date for Response was January 28, 2019. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on January 29, 2019. On January 30, 2019 Respondent sent an email stating: “Hello. Can someone please explain what this is about? I can be reached at 305 582 2111, Thank you, Saul.” Due to a technical problem with one of the email addresses, Respondent was granted additional time to file a response until February 10, 2019. Respondent did not submit any formal response.

The Center appointed Richard W. Page as the sole panelist in this matter on February 15, 2019. 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 a California partnership that manufactures and sells various personal care products under numerous registered and common law trademarks. Complainant owns at least three trademarks registered with the United States Patent and Trademark Office (“USPTO”) with various iterations of its “GIGI” brand (the “GIGI Mark”) used in connection with cosmetic waxing and depilatory products: USPTO Registration No 1,293,728 issued on September 11, 1984 for the word mark “GIGI” in International Class 003; USPTO Registration No. 1,654,145 issued on August 20, 1991 for the word mark “GIGI” in Classes 003...