Decisión del Panel Administrativo nº D2021-0869 of WIPO Arbitration and Mediation Center, May 06, 2021 (case Consumer Reports, Inc. v. Domains By Proxy, LLC / Khorn Youra)

• Resolution Date: May 06, 2021
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Consumer Reports, Inc. v. Domains By Proxy, LLC / Khorn Youra

Case No. D2021-0869

1. The Parties

The Complainant is Consumer Reports, Inc., United States of America (“United States” or “U.S.”), represented by Cozen O'Connor, United States.

The Respondent is Domains By Proxy, LLC, United States / Khorn Youra, Cambodia.

2. The Domain Name and Registrar

The disputed domain name [consumerreports.store] is registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 22, 2021. On March 23, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On March 24, 2021, 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 March 25, 2021, 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 March 30, 2021.

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 March 31, 2021. In accordance with the Rules, paragraph 5, the due date for Response was April 20, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on April 21, 2021.

The Center appointed John Swinson as the sole panelist in this matter on April 27, 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.

4. Factual Background

The Complainant is a non-profit consumer product testing and advocacy organization that publishes a family of CONSUMER REPORTS publications, in both digital and print format. The Complainant was formed in 1936. According to the Complaint, the Complainant has been using the CONSUMER REPORTS trademark continuously since at least 1942. The Complainant owns numerous trademark registrations for trademarks containing CONSUMER REPORTS including a United States trademark registration that was filed on January 13, 1958 for CONSUMER REPORTS (U.S. Reg. No. 672,849), and filed on April 29, 1994, a registration for CONSUMER REPORTS TV NEWS (U.S. Reg. No. 1,880,957).

The Respondent did not file...