Decisión del Panel Administrativo nº D2020-2462 of WIPO Arbitration and Mediation Center, November 26, 2020 (case FXCM Global Services, LLC v. Registration Private, Domains By Proxy, LLC / Gian Reid)
| Resolution Date | November 26, 2020 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is FXCM Global Services, LLC, United States of America (“United States”), represented by SafeNames Ltd., United Kingdom.
The Respondent is Registration Private, Domains By Proxy, LLC, United States / Gian Reid, Philippines.
The disputed domain name [fxcm-ex.com] is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 23, 2020. On September 23, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On September 24, 2020, 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 September 28, 2020, 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 September 28, 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 the Respondent of the Complaint, and the proceedings commenced on September 30, 2020. In accordance with the Rules, paragraph 5, the due date for Response was October 20, 2020.
October 5, 2020, the Respondent sent two informal email communications to the Center indicating he would not use the disputed domain name any more, and would delete it. On the same day, the Center invited the Complainant to comment whether it would like to explore settlement with the Respondent. At the request of the Complainant, the proceeding was suspended from October 5, 2020 until November 4, 2020, for purposes of settlement discussions between the Parties concerning the disputed domain name. On October 27, 2020, the Complainant requested that the proceeding be reinstituted. On the same day, the Center confirmed the reinstitution of the proceeding, and the due date for Response was extended until November 4, 2020. On November 5, 2020, the Center informed the Parties that it would proceed to appoint the Administrative Panel.
The Center appointed Jane Seager as the sole panelist in this matter on November 12, 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.
Founded in 1999, the Complainant is a company based in the United Kingdom, operating as a retail broker in the foreign exchange market. The Complainant maintains offices in locations throughout the world, including Australia, France, Germany, Hong Kong, China, and South Africa. For use in connection with its foreign exchange services, the Complainant has registered several trademarks for FXCM, including:
- United States...
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