Decisión del Panel Administrativo nº DCO2020-0035 of WIPO Arbitration and Mediation Center, August 26, 2020 (case Gerber Technology LLC v. WhoisGuard Protected, WhoisGuard, Inc. / Nazareth Barsoumian)

• Resolution Date: August 26, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Colombia (.co)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Gerber Technology LLC v. WhoisGuard Protected, WhoisGuard, Inc. / Nazareth Barsoumian

Case No. DCO2020-0035

1. The Parties

The Complainant is Gerber Technology LLC, United States of America (“United States”), represented by Day Pitney LLP, United States.

The Respondent is WhoisGuard Protected, WhoisGuard, Inc., Panama / Nazareth Barsoumian, United States.

2. The Domain Name and Registrar

The disputed domain name [gerbertechnology.co] is registered with NameCheap, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 9, 2020. On July 10, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 10, 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 July 14, 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 July 19, 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 July 20, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 9, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 11, 2020.

The Center appointed William F. Hamilton as the sole panelist in this matter on August 21, 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...