Decisión del Panel Administrativo nº D2019-1358 of Tribunal Arbitral de la OMPI, August 08, 2019 (case Clark Equipment Company v. Contact Privacy Inc. Customer 1243466331 / Savannah Smith, Low Country Machinery)

Defense:Contact Privacy Inc. Customer 1243466331 / Savannah Smith, Low Country Machinery
Resolution Date:August 08, 2019
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Transfer
Dominio:Generic Domains
SUMMARY

[bobcatofsavannah.com]

 
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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Clark Equipment Company v. Contact Privacy Inc. Customer 1243466331 / Savannah Smith, Low Country Machinery

Case No. D2019-1358

1. The Parties

The Complainant is Clark Equipment Company, United States of America (“United States”), represented by Quarles & Brady LLP, United States.

The Respondent is Contact Privacy Inc. Customer 1243466331, Canada / Savannah Smith, Low Country Machinery, United States.

2. The Domain Name and Registrar

The disputed domain name [bobcatofsavannah.com] (the “Disputed Domain Name”) is registered with Google LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 13, 2019. On June 14, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On the same day, 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 June 17, 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 June 21, 2019.

On June 17, 2019, the Center received an email communication from the Respondent requesting to explore settlement with the Complainant. On the same day, the Center sent to the Parties a settlement email to which the Complainant replied on June 21, 2019, requesting suspension of the administrative proceedings herein. On June 24, 2019, the proceedings were suspended until July 24, 2019. Since settlement was not successful, on July 3, 2019, the Complainant requested the proceedings to be reinstituted. The Center reinstituted the administrative proceedings on July 4, 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 July 5, 2019. In accordance with the Rules, paragraph 5, the due date for Response was July 25, 2019. The Respondent did not submit any response. Accordingly, on July 26, 2019, the Center notified the Parties that it would proceed to panel appointment.

The Center appointed Lynda M. Braun as the sole panelist in this matter on August 5, 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.

4. Factual Background

The Complainant, which does business as Bobcat Company, is a global provider of compact equipment for construction, landscaping, agriculture, and related goods and services. In 1958, the Complainant introduced the first compact loader into...

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