Decisión del Panel Administrativo nº D2019-1220 of WIPO Arbitration and Mediation Center, October 14, 2019 (case Amgen, Inc. v. Registration Private, Domains By Proxy, LLC / David Howell)

• Resolution Date: October 14, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Amgen, Inc. v. Registration Private, Domains By Proxy, LLC / David Howell

Case No. D2019-1220

1. The Parties

Complainant is Amgen, Inc., United States of America (“United States”), represented by McDermott Will & Emery LLP, United States.

Respondent is Registration Private, Domains By Proxy, LLC, United States / David Howell, United States.

2. The Domain Name and Registrar

The disputed domain name [amgen.doctor] is registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 28, 2019. On May 29, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 29, 2019, 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 June 4, 2019 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 June 11, 2019.

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 June 19, 2019. In accordance with the Rules, paragraph 5, the due date for Response was July 9, 2019. Further to a request from the Parties the proceedings were suspended on July 1, 2019 and were reinstituted on August 29, 2019. The Response due date was re-established as September 7, 2019. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on September 11, 2019.

The Center appointed Brian J. Winterfeldt as the sole panelist in this matter on September 25, 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, Amgen, Inc., is a global biopharmaceuticals company focused in the areas of cardiovascular disease, oncology, bone health, neuroscience, nephrology, and inflammation. Complainant is the owner of numerous trademark registrations for the AMGEN mark, including United States Registration Number 2,170,735 (registered on July 7, 1998). Complainant owns and uses a primary website located at the [amgen.com] domain name to offer and promote its biopharmaceutical goods and...