Decisión del Panel Administrativo nº D2000-0350 of WIPO Arbitration and Mediation Center, June 26, 2000 (case Eli Lilly and Company vs. Matt Brown)

• Judge: Ross Carson
• Resolution Date: June 26, 2000
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Eli Lilly and Company v. Matt Brown

Case No. D2000-0350

1. The Parties

   The Complainant is Eli Lilly and Company, a corporation incorporated under the laws of the state of Indiana, with a place of business at Lilly Corporate Center, Indianapolis, Indiana 46285, U.S.A.

   The Respondent is Matt Brown, whose full post office address is Flat 1, 96 Palace Road, Tulse Hill, London, SW2 3JZ, United Kingdom.

2. The Domain Name(s) and Registrar(s)

   The domain name in issue is "prozacpages.com"; the Registrar with which the disputed domain name is registered is CORE Internet Council of Registrars, World Trade Center II, 29 route de Pre-Bois, CH-1215 Geneva, Switzerland.

3. Procedural History

   The Complaint was filed on April 28, 2000. The Center acknowledged receipt of the Complaint on May 3, 2000. A request for Registrar verification was forwarded to CORE Internet Council of Registrars on May 3, 2000. On May 9, 2000, CORE Internet Council of Registrars confirmed by e-mail that Matt Brown, Flat 1, 96 Palace Road, (Palace Road), SW2 3JZ United Kingdom is the current registrant of the domain name in issue.

   On May 8, 2000 the Respondent sent a letter by e-mail to the Center in response to the Complaint.

   On May 12, 2000, the Center forwarded Notification of Complaint and Commencement of Administrative Proceeding to Matt Brown by e-mail and Post/Courier. The Center advised the Respondent that a response was due within twenty (20) calendar days from the day of receipt of the notification. The Respondent was advised that the last day for sending the Response to the Complainant and the Center is May 31, 2000. The Center also acknowledged the Respondent’s Communication of May 8, 2000 and requested the Respondent to indicate whether the letter of May 8 should be regarded as the Response in the administrative proceeding.

   On May 18, 2000 the Respondent sent an e-mail to the Center advising that the earlier letter (dated May 8, 2000) was his Response to the Complaint. The Respondent also raised one other point to its Response, namely, that others were using domain names including "prozac".

   On May 19, 2000 the Center forwarded a Response Deficiency Notification by e-mail to the Respondent stating that the Respondent’s letter did not satisfy the requirements set out in Paragraph 5 of the Rules for Uniform Domain Name Resolution Policy and advising that the Respondent is requested to remedy the deficiencies by May 31, 2000. The Center also responded to the Respondent’s e-mail dated May 18, 2000 and advised that the determination on the substantive facts of the case will be in the sole discretion of the administrative panel.

   On June 5, 2000 the Center sent an e-mail to the Respondent advising that having failed to receive a communication from the Respondent subsequent to the Center’s Response Deficiency Notification by the deadline of May 31, 2000, the Center will proceed to appoint the Administrative Panel.

   On June 5, 2000 the representatives for the Complainant sent an e-mail letter to the Center commenting on the submissions made by the Respondent. On June 5 the Center acknowledged receipt of the Complainant’s letter and advised...