Decisión del Panel Administrativo nº D2002-1169 of Tribunal Arbitral de la OMPI, February 12, 2003 (case Edgar Rice Burroughs vs. MySexPortal.net)

Judge:Michael D. Cover
Defense:MySexPortal.net
Resolution Date:February 12, 2003
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Transfer
Dominio:Generic Domains
SUMMARY

tarzansex.com

 
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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Edgar Rice Burroughs, Inc. v. MySexPortal.net, Dejan Nikitovic

Case No. D2002-1169

  1. The Parties

    The Complainant is Edgar Rice Burroughs, Inc., a California Corporation of Tarzana, California 91356, United States of America, represented by Fross Zelnick Lehrman & Zissu, PC of New York, New York, United States of America.

    The Respondent is MySexPortal.net, Dejan Nikitovic, Ljubljana, NA 1000, Slovenia.

  2. The Domain Name and Registrar

    This dispute concerns the domain name (the "Disputed Domain Name"). The Disputed Domain Name is registered with Register.com of 575 Eighth Avenue, 11th Floor, New York, NY 10018, United States of America.

  3. Procedural History

    The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on December 24, 2002. On December 27, 2002, the Center transmitted by email to Register.com a request for registrar verification in connection with the domain name at issue. On December 27, 2002, Register.com transmitted to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details for the administrative, billing, and technical contact. The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy"), 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 December 31, 2002. In accordance with the Rules, paragraph 5(a), the due date for Response was January 20, 2003. The Respondent did not submit any response. Accordingly, the Center notified the Respondentøs default on January 22, 2003.

    The Center appointed Michael D. Cover as the sole panelist in this matter on January 29, 2003. 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

    Since the Respondent failed to submit a response, the Panel finds the following facts based upon the Complaint and its supporting exhibits:

    - The Complainant is the owner and successor to all rights...

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