Decisión del Panel Administrativo nº D2019-0333 of WIPO Arbitration and Mediation Center, March 21, 2019 (case Calvin Klein Trademark Trust Calvin Klein, Inc. v. Registration Private, Domains By Proxy, LLC / Carolina Rodrigues, Fundacion Comercio Electronico)
Resolution Date | March 21, 2019 |
Issuing Organization | WIPO Arbitration and Mediation Center |
Decision | Transfer |
Dominio | Generic Domains |
The Complainants are Calvin Klein Trademark Trust and Calvin Klein, Inc. of New York, New York, United States of America (“United States”), represented by Kestenberg Siegal Lipkus LLP, Canada.
The Respondent is Registration Private, Domains By Proxy, LLC, of Scottsdale, Arizona, United States / Carolina Rodrigues, Fundacion Comercio Electronico, of Panama City, Panama.
The disputed domain name [calvincklein.com] is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 12, 2019. On February 13, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On February 13, 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 the Complainant on February 14, 2019, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on February 14, 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 the Respondent of the Complaint, and the proceedings commenced on February 15, 2019. In accordance with the Rules, paragraph 5, the due date for Response was March 7, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 8, 2019.
The Center appointed Marilena Comanescu as the sole panelist in this matter on March 13, 2019. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as...
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