Decisión del Panel Administrativo nº D2018-0853 of WIPO Arbitration and Mediation Center, June 07, 2018 (case Elsevier Limited v. Domain Admin, Whois Privacy Corp.)
| Resolution Date | June 07, 2018 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Elsevier Limited of Alpharetta, Georgia, United States of America ("United States"), represented by Nelson Mullins Riley & Scarborough, LLP, United States.
The Respondent is Domain Admin, Whois Privacy Corp. of Nassau, New Providence, Bahamas.
The disputed domain name [thelancetoncology.com] (the "Disputed Domain Name") is registered with TLD Registrar Solutions Ltd. (the "Registrar").
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on April 17, 2018. On April 17, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On April 18, 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 April 24, 2018. In accordance with the Rules, paragraph 5, the due date for Response was May 14, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on May 15, 2018.
The Center appointed Nick J. Gardner as the sole panelist in this matter on May 24, 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 relevant facts are straightforward and can be summarized very briefly as follows:
The Complainant is a long established publisher, particularly of scientific publications. One such publication is a journal called "The Lancet". The Lancet began as an independent, international weekly general medical journal founded in 1823 by Thomas Wakley. The evidence establishes it has over time grown to be a well-known and prestigious medical journal. It is published in a number of different areas including The Lancet Oncology Journal. This journal is now the world-leading clinical oncology periodical. The Complainant has many registered trademarks in numerous countries throughout the world for THE LANCET (for example, United States Reg. No. 1471389 registered January 5, 1988). These are referred to below as "The Lancet trademark".
The Respondent registered the Disputed Domain Name on January 1, 2015 a few months after the Complainant inadvertently allowed its own registration to lapse.
The Respondent is using the Disputed Domain Name in connection with a website "www.thelancetoncology.com". That website has hosted a blog entitled "Thelance Oncology," since at least as early as March 28, 2015. The blog contains various articles broadly of a popular rather than scientific nature dealing with medical and health related issues. The content of the blog contains no references to "the lance", or to "the lance(s)" or "the lancet(s)". It is not clear whether or not the website involves any commercial activity.
On February 27, 2018, the Complainant's counsel sent a cease-and-desist letter to the Respondent. No reply was received. A further letter was sent...
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