Decisión del Panel Administrativo nº D2014-1638 of Tribunal Arbitral de la OMPI, November 11, 2014 (case Avid Dating Life Inc. v. Erin Nemshick)

Defense:Erin Nemshick
Resolution Date:November 11, 2014
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Transfer
Dominio:Generic Domains
SUMMARY

[smashleymadison.com]

 
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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Avid Dating Life Inc. v. Erin Nemshick

Case No. D2014-1638

1. The Parties

The Complainant is Avid Dating Life Inc. of Toronto, Ontario, Canada, represented by SafeNames Ltd., United Kingdom of Great Britain and Northern Ireland (“UK”).

The Respondent is Erin Nemshick of Philadelphia, Pennsylvania, United States of America (“US”), represented by Ryan A. Wertman, Esq., US.

2. The Domain Name and Registrar

The disputed domain name [smashleymadison.com] (“Disputed Domain Name”) 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 September 22, 2014. On September 22, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On September 23, 2014, 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 September 30, 2014. In accordance with the Rules, paragraph 5(a), the due date for Response was October 20, 2014. The Response was filed with the Center on October 16, 2014.

The Center appointed Charné Le Roux as the sole panelist in this matter on October 29, 2014. 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 Complainant is a Canadian company, founded in 2001. It is involved in the social entertainment industry specializing in online dating services. The Complainant registered the domain name [ashleymadison.com] in November 2001 and launched its flagship brand under the name ASHLEY MADISON in early 2002. The trade mark is used in connection with a dating website for a specific target audience. The Complainant’s dating website has, since its launch, acquired over 20 million members. The website has portals in 26 countries which include, more recently, Japan and India. The Complainant’s ASHLEY MADISON brand was listed in the 29th position in Canada’s Profit 500 rankings with a 5 year revenue growth of 1.695% in 2014. Its revenues have multiplied 18 times in 6 years with revenues of USD 63,603,000 for the year 2012. The Complainant obtained trade mark registrations for the mark ASHLEY MADISON in Canada, USA, UK and Australia in the years 2002 and 2008 respectively. It also obtained a CTM registration for the mark in 2008.

The Disputed Domain Name was registered on June 28, 2014. The website attached to the Disputed Domain Name was originally used as a PPC site offering sponsored links in connection with various types of goods and services. It is currently pointed to a free parking page. The Complainant sent correspondence to the Respondent on July 25, 2014 and August 5, 2014, requesting it to transfer the Disputed Domain Name to the Complainant. The Respondent reacted to the correspondence through its legal representative, denying the Complainant’s claims. An attempt to settle the matter failed.

5. Parties’ Contentions

A. Complainant

The Complainant submits that it has been prominent and well known within the online dating industry, particularly following the launch of its most recognized brand ASHLEY MADISON in 2002. As indicated above, the Complainant registered the domain name [ashleymadison.com] in November 2001 and subsequently, over the period 2002-2008, obtained registrations in the USA, Europe, Canada and Australia for this...

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