Decisión del Panel Administrativo nº D2021-2741 of WIPO Arbitration and Mediation Center, October 13, 2021 (case Caliber Home Loans, Inc. v. Domain Administrator, Fundacion Privacy Services LTD)
| Resolution Date | October 13, 2021 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Caliber Home Loans, Inc., United States of America (“USA”), represented by Dykema Gossett PLLC, USA.
The Respondent is Domain Administrator, Fundacion Privacy Services LTD, Panama.
The disputed domain name [caliberhomeoloans.com] (the “Disputed Domain Name”) is registered with Media Elite Holdings Limited dba Register Matrix (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 20, 2021. On August 20, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On August 24, 2021, 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 September 7, 2021. In accordance with the Rules, paragraph 5, the due date for Response was September 27, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 28, 2021.
The Center appointed Michael D. Cover as the sole panelist in this matter on October 6, 2021. 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 offers mortgage banking services throughout the USA and in Puerto Rico and has been using its trademark CALIBER HOME LOANS in respect of those services. The Complainant operates over 200 physical locations and through its website “www.caliberhomeloans.com”.
The Complainant owns registrations for its trademark CALIBER HOME LOANS (& design) in the USA and Puerto Rico, details of which are set out in the Complaint. They include USA trademark registration No 5984588 CALIBER HOME LOANS (& design) registered on February 11, 2020, with first use in commerce in the USA in July 2013, the application for registration having been filed in 2015.
The true identity of the Respondent is not available, because of the Respondent utilizing the Registrar’s privacy service. All that is known of the Respondent is that the name is Fundacion Privacy Services Ltd, with an alleged location in Panama.
The Disputed Domain Name was registered on August 10, 2021. The Disputed Domain Name resolves to a pay-per-click website, displaying links to third party websites offering mortgage lending and refinancing services. This is set out in the Complaint and also in Appendix 2 to the Complaint.
Identical or Confusingly Similar
The Complainant submits that the Disputed Domain Name is confusingly similar to the Complainant’s CALIBER HOME LOANS trademark.
The Complainant states that it is the indisputable owner of the trademark CALIBER HOME LOANS in...
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