Decisión del Panel Administrativo nº D2019-0420 of WIPO Arbitration and Mediation Center, April 11, 2019 (case Babe Ventures Opco, LLC, Big IP Opco, LLC v. Tin Sekyou)

Resolution DateApril 11, 2019
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Babe Ventures Opco, LLC, Big IP Opco, LLC v. Tin Sekyou

Case No. D2019-0420

1. The Parties

The Complainant is Babe Ventures Opco, LLC / Big IP Opco, LLC of Salt Lake City, Utah, United States of America (“United States”), represented by Kain Spielman, P.A., United States.

The Respondent is Tin Sekyou of “Tokyo, China”.

2. The Domain Name and Registrar

The disputed domain name, [babeshair.com] (the “Domain Name”), is registered with Name.com, Inc. (Name.com LLC) (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 21, 2019. On February 22, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On February 27, 2019, 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on March 1, 2019. In accordance with the Rules, paragraph 5, the due date for Response was March 21, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 22, 2019.

The Center appointed Tony Willoughby as the sole panelist in this matter on April 1, 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.

The Complainant is in fact two associated companies being the registered proprietor of the BABE trade mark particularized in section 4 below and related trade marks and the exclusive licensee in respect of those trade marks. The Complainant has requested that the two companies be permitted to bring this Complaint jointly given that they both have rights in respect of that trade mark and their grievance against the...

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