Decisión del Panel Administrativo nº D2018-0154 of WIPO Arbitration and Mediation Center, April 12, 2018 (case Brioni S.p.A. v. Steve Timani, Tutti Creative Design)

• Resolution Date: April 12, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Brioni S.p.A. v. Steve Timani, Tutti Creative Design

Case No. D2018-0154

1. The Parties

The Complainant is Brioni S.p.A. of Rome, Italy, represented by Studio Barbero S.p.A., Italy.

The Respondent is Steve Timani, Tutti Creative Design of Houston, Texas, United States of America (“United States” or “US”), self-represented.

2. The Domain Names and Registrars

The disputed domain names [brionisuit.net] and [brionituxedo.com] are registered with Wild West Domains, LLC; the disputed domain name [brionisuit.com] is registered with eNom, Inc. (the “Registrars”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 24, 2018. On January 25, 2018, the Center transmitted by email to the Registrars, a request for registrar verification in connection with the disputed domain names. On January 25, 2018, the Registrars transmitted by email to the Center their verification responses 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 February 7, 2018. In accordance with the Rules, paragraph 5, the due date for Response was February 27, 2018. On February 20, 2018 the Respondent requested a copy of the Complaint and an extension of the due date for submitting the Response. The Center granted the Respondent the automatic four calendar day extension for response under paragraph 5(b) of the Rules and the new due date for Response was March 3, 2018. The Response was filed with the Center on March 3, 2018.

The Center appointed George R. F. Souter as the sole panelist in this matter on March 15, 2018. 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 has been selling menswear under the trademark BRIONI since...