Decisión del Panel Administrativo nº DME2019-0003 of WIPO Arbitration and Mediation Center, June 10, 2019 (case Euromarket Designs, Inc. d/b/a Crate Barrel v. Registration Private, Domains by Proxy, LLC / Ali Mahmoud)

• Resolution Date: June 10, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Montenegro (.me)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Euromarket Designs, Inc. d/b/a Crate & Barrel v. Registration Private, Domains by Proxy, LLC / Ali Mahmoud

Case No. DME2019-0003

1. The Parties

The Complainant is Euromarket Designs, Inc. d/b/a Crate & Barrel, United States of America (“United States”), represented by CSC Digital Brand Services AB, Sweden.

The Respondent is Registration Private, Domains by Proxy, LLC, United States / Ali Mahmoud, Morocco.

2. The Domain Name and Registrar

The disputed domain name [crateandbarrel.me] (the “Disputed Domain Name”) is registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 12, 2019. On April 15, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On April 16, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Disputed Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on April 17, 2019, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on April 18, 2019.

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 the Respondent of the Complaint, and the proceedings commenced on April 24, 2019. In accordance with the Rules, paragraph 5, the due date for Response was May 14, 2019. On May 14, 2019, the Center received a request for extension from the Respondent. Pursuant to paragraph 5(b) of the Rules, the due date for Response was extended to May 18, 2019. The Response was filed with the Center on May 18, 2019. The Center received an email communication from the Complainant on May 24, 2019, containing an unsolicited Supplemental Filing. For reasons discussed below the Panel will exercise its discretion under the Rules to admit this filing.

The Center appointed Nick J. Gardner as the sole panelist in this matter on May 27, 2019. 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

The Complainant and its related companies are retailers of furnishing and décor items. Its history dates back to 1962. It operates over 100 stores in 12 countries selling its products. It also operates globally via an online sales operation offering international shopping and shipping to its customers through its website “www.crateandbarrel.com”. In 2014, Crate and Barrel ranked no. 77 on the Internet Retailer...