Decisión del Panel Administrativo nº D2017-0314 of WIPO Arbitration and Mediation Center, April 06, 2017 (case Edgewell Personal Care Brands, LLC v. Joshua Eisenhower)
Resolution Date | April 06, 2017 |
Issuing Organization | WIPO Arbitration and Mediation Center |
Decision | Transfer |
Dominio | Generic Domains |
Complainant is Edgewell Personal Care Brands, LLC of Shelton, Connecticut, United States of America (“United States” or “U.S.”), represented by Thompson Coburn LLP, United States.
Respondent is Joshua Eisenhower of Elizabethtown, Pennsylvania, United States.
The disputed domain name [stayfree.xyz] is registered with Uniregistrar Corp (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 16, 2017. On February 16, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On February 16, 2017, the Registrar transmitted by email to the Center its verification response confirming that 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 Respondent of the Complaint, and the proceedings commenced on February 27, 2017. In accordance with the Rules, paragraph 5, the due date for Response was March 19, 2017. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on March 20, 2017.
The Center appointed Lorelei Ritchie as the sole panelist in this matter on March 23, 2017. 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.
Complainant provides personal care and feminine care products, and has used the STAYFREE mark since 1969 for, among other things, feminine sanitary products, pads, and napkins. Complainant owns trademark registrations for the STAYFREE mark in jurisdictions around the world, including in the United States, where Respondent lists his address of record. These include U.S. Registration No. 1082180...
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