Decisión del Panel Administrativo nº D2018-0219 of WIPO Arbitration and Mediation Center, April 13, 2018 (case Dunn and Dunn, P.C. (aka Charles Dunn Law, P.C.) v. W P, The Cloud Corp)
| Resolution Date | April 13, 2018 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Dunn and Dunn, P.C. (aka Charles Dunn Law, P.C.) of Boston, Massachusetts, United States of America, represented by Christopher R. Lavoie, United States of America.
The Respondent is W P, The Cloud Corp of George Town, Grand Cayman, Cayman Islands, Overseas Territory of the United Kingdom of Great Britain and Northern Ireland.
The disputed domain name [charlesdunnlaw.com] (the “Domain Name”) is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 1, 2018. On February 2, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On February 6, 2018, 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.
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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on February 12, 2018. In accordance with the Rules, paragraph 5, the due date for Response was March 4, 2018. The Respondent sent several email communications to the Center on March 21, 23 and 27, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 5, 2018.
The Center appointed Nicholas Smith as the sole panelist in this matter on March 21, 2018. 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.
The Complainant is a professional corporation under the laws of the Commonwealth of Massachusetts, established on February 23, 1998. It operates as a law firm. On December 12, 2000 it registered the Domain Name from which it operated a website until January 23, 2018. The Complainant apparently does not own any registered trade marks but has used the company name Charles J. Dunn, Jr. P.C. since February 1998.
The Domain Name was acquired by the Respondent on January 23, 2018. It presently redirects to an inactive website but prior to the commencement of the proceeding redirected to a website (“Respondent’s Website”) providing pornographic material. In January 2018 a representative of the Complainant inquired about the purchase of the Domain Name, which was offered for sale for 9,800 dollars (presumably US dollars).
The Complainant makes the following contentions:
(i) that the Domain Name is identical or confusingly similar to a trade mark or service mark in which the Complainant has rights;
(ii) that the Respondent has no rights or legitimate interests in respect of the Domain Name; and
(iii) that the Domain Name has been registered and is being used in bad faith.
The Complainant registered the Domain Name in December 2000. The Complainant holds no registered trade marks but has used the company name of Charles J. Dunn Jr. P.C. since February 1998 in connection with its operation of a law firm. The Domain Name was used for a website advertising the Complainant’s services and was also placed on the Complainant’s stationary, business cards, and other marketing material. Since the Respondent took over...
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