Decisión del Panel Administrativo nº D2021-0933 of WIPO Arbitration and Mediation Center, May 06, 2021 (case CVS Pharmacy, Inc. and MinuteClinic, L.L.C. v. Samuel White, “cvs-minuteclinic”)

Resolution DateMay 06, 2021
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

CVS Pharmacy, Inc. and MinuteClinic, L.L.C. v. Samuel White, “cvs-minuteclinic”

Case No. D2021-0933

1. The Parties

Complainants are CVS Pharmacy, Inc. and MinuteClinic, L.L.C., United States of America (“United States” or “US”), represented by The GigaLaw Firm, Douglas M. Isenberg, Attorney at Law, LLC, United States.

Respondent is Samuel White, “cvs-minuteclinic”, United States.

2. The Domain Name and Registrar

The disputed domain name [cvs-minuteclinic.com] (the “Domain Name”) 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 29, 2021. On March 29, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On March 29, 2021, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainants on March 30, 2021, providing the registrant and contact information disclosed by the Registrar, and inviting Complainants to submit an amendment to the Complaint. Complainants filed an amendment to the Complaint on March 30, 2021.

The Center verified that the Complaint, together with the amendment to 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 Respondent of the Complaint, and the proceedings commenced on April 1, 2021. In accordance with the Rules, paragraph 5, the due date for Response was April 21, 2021. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on April 22, 2021.

The Center appointed Kimberley Chen Nobles as the sole panelist in this matter on April 28, 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

Complainants are CVS Pharmacy, Inc. (“CVS”) and its subsidiary MinuteClinic LLC (“MinuteClinic”). Complainant CVS is the principal operating company of CVS Health Corporation, a publicly traded corporation (NYSE: CVS) with an annual revenue of USD 268.7 billion in 2020. Co-complainant MinuteClinic is a subsidiary of CVS Pharmacy, Inc., and is the owner of the MINUTECLINIC trademarks. Complainants have approximately 300,000 workers in more than 9,900 retail locations and approximately 1,100 walk-in medical clinics (named the “MinuteClinic”) in 49 states in the United States, the District of Columbia in the United States and in Puerto Rico, serving 4.5 million customers daily.

Complainant CVS is the owner of approximately 586 trademark registrations in at least 38 countries or jurisdictions worldwide for marks that consist of or contain “CVS”. Complainant’s registrations for the CVS trademarks include the following in the United States:

- Reg. No. 919,941 for CVS (first used May 9, 1963; registered September 7, 1971)

- Reg. No. 1,698,636 for CVS (first used February 18, 1974; registered July 7, 1992)

- Reg. No. 1,904,058 for CVS (first used April 28, 1992; registered July 11, 1995)

Co-Complainant MinuteClinic is the owner of at least 19 trademark registrations in at least six countries or jurisdictions worldwide for marks that consist of or contain “MINUTECLINIC” or “MINUTE CLINIC”. Complainant’s registrations for the MINUTECLINIC trademarks include the...

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