Decisión del Panel Administrativo nº D2012-1844 of Tribunal Arbitral de la OMPI, October 29, 2012 (case Citrix Systems, Inc. v. Lens Lim)

Defense:Lens Lim
Resolution Date:October 29, 2012
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Transfer
Dominio:Generic Domains
SUMMARY

[sharefile.biz]

 
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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Citrix Systems, Inc. v. Lens Lim

Case No. D2012-1844

1. The Parties

The Complainant is Citrix Systems, Inc. of Bedford, Massachusetts, United States of America, represented by Burns & Levinson LLP, United States of America.

The Respondent is Lens Lim of Kazakhstan.

2. The Domain Name and Registrar

The disputed domain name [sharefile.biz] is registered with Melbourne IT Ltd (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the ”Center”) on September 14, 2012. On September 14, 2012, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On September 18, 2012, 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 for the disputed domain name.

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 19, 2012. In accordance with the Rules, paragraph 5(a), the due date for Response was October 9, 2012. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 10, 2012

The Center appointed Alistair Payne as the sole panelist in this matter on October 16, 2012. 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

In October, 2011, the Complainant acquired Novel Labs, Inc., which is a market-leading provider of secure, cloud-based data storage, sharing and collaboration tools. The Complainant’s newly acquired web based file sharing business has operated since 2005 under the SHAREFILE mark and it owns a United States (“US”) federal word mark registration for this mark with Registration Number 3826353, filed in 2010. The Complainant...

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