Decisión del Panel Administrativo nº D2020-1949 of WIPO Arbitration and Mediation Center, September 14, 2020 (case Edwards Lifesciences Corporation v. Registration Private, Domains By Proxy, LLC / Margaret Brisch and Name Redacted)

Resolution DateSeptember 14, 2020
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Edwards Lifesciences Corporation v. Registration Private, Domains By Proxy, LLC / Margaret Brisch and Name Redacted

Case No. D2020-1949

1. The Parties

Complainant is Edwards Lifesciences Corporation, United States of America (“United States”), represented by Sheppard Mullin Richter & Hampton LLP, United States.

Respondents are Registration Private, Domains By Proxy, LLC, United States / Margaret Brisch, United States and Name Redacted[1 ].

2. The Domain Names and Registrar

The disputed domain names [edwardsscience.com] and [edwardssciences.com] are registered with Wild West Domains, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 24, 2020. On July 27, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On July 28, 2020, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain names which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on July 29, 2020, providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to amend the Complaint adding the Registrar-disclosed registrants as formal Respondents and provide relevant arguments or evidence demonstrating that all named Respondents are, in fact, the same entity and/or that all domain names are under common control; and/or file a separate complaint. Complainant filed an amended Complaint on July 29, 2020.

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 Respondents of the Complaint, and the proceedings commenced on August 3, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 23, 2020. On August 23, 2020, the Center received an email communication form a third-party claiming unauthorized use of its identity in relation to the [edwardsscience.com] disputed domain name. Respondents did not submit any response. Accordingly, the Center notified Respondents’ default on August 24, 2020.

The Center appointed Brian J. Winterfeldt as the sole panelist in this matter on September 3, 2020. 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

Complainant and its subsidiaries develop and market medical products in more than 100 countries and have over 12,800 employees. The Wall Street Journal recognized Complainant as one of “Management Top 250,” ranking Complainant 25 out of 820 and one of eight “All Stars” for across-the-board rankings. Complainant owns the EDWARDS trademark (the “EDWARDS Mark” or “Complainant’s Mark”), and has used the mark since at least as early as 1966 in connection with its medical products and services. Complainant owns various trademark registrations for the EDWARDS...

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