Decisión del Panel Administrativo nº D2019-1182 of WIPO Arbitration and Mediation Center, July 06, 2019 (case Giorgio Armani S.p.A. v. Domain Admin, Whois Privacy Corp. / Heath Allison / Gay Oxford / Domain Administrator, See PrivacyGuardian.org.)

• Resolution Date: July 06, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Giorgio Armani S.p.A. v. Domain Admin, Whois Privacy Corp. / Heath Allison / Gay Oxford / Domain Administrator, See PrivacyGuardian.org.

Case No. D2019-1182

1. The Parties

The Complainant is Giorgio Armani S.p.A., Italy, represented by Studio Barbero S.p.A., Italy.

The Respondents are Domain Admin, Whois Privacy Corp., Bahamas (the “First Respondent”), Heath Allison, United States of America (the “Second Respondent”), Gay Oxford, United States of America (the “Third Respondent”) and Domain Administrator, See PrivacyGuardian.org, United States of America (the “Fourth Respondent”).

2. The Domain Names and Registrars

The disputed domain name [armanionlineuk.com] is registered with Internet Domain Service BS Corp and the disputed domain names [armanieu.com] and [armanioutletfashion.com] are registered with NameSilo, LLC (the “Registrars”). The domain names [armanionlineuk.com], [armanieu.com] and [armanioutletfashion.com] will collectively be referred to as the (“Domain Names”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 23, 2019. On May 23, 2019, the Center transmitted by email to the Registrars a request for registrar verification in connection with the Domain Names. On May 24, 2019, the Registrar Internet Domain Service BS Corp transmitted by email to the Center its verification response confirming that the First Respondent is listed as the registrant of [armanionlineuk.com] and providing the contact details. On May 23, 2019 the Registrar NameSilo, LLC transmitted by email to the Center its verification response disclosing registrant and contact information for [armanieu.com] and [armanioutletfashion.com] which differed from the named Fourth Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on May 24, 2019 providing the registrant and contact information disclosed by the Registrars, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on May 28, 2019 adding the Second and Third Respondent.

The Center verified that the Complaint together with the amendment to 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”).

The Center sent the prima facie consolidation email on June 3, 2019.

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondents of the Complaint, and the proceedings commenced on June 3, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 23, 2019. The Respondents did not submit any response. Accordingly, the Center notified the Respondents’ default on June 24, 2019.

The Center appointed Nicholas Smith as the sole panelist in this matter on July 3, 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 is an Italian company, founded in 1975 by fashion designer Giorgio Armani, that designs, manufactures, and retails clothing and related products, specialising in high fashion and luxury products. The Complainant’s global consolidated revenues exceed EUR 2 Billion in each of 2016, 2017, and 2018.

The Complainant is the owner of numerous trademark registrations for ARMANI (the “ARMANI Mark”) in jurisdictions including the European Union, United States of America and Italy, the earliest of which is a United Kingdom trademark filed on January 2, 1976 and registered on July 10, 1978 (registration number 1056997) for goods in class 25.

The Domain Name [armanionlineuk.com] was registered on October 8, 2018 by the First Respondent. The Domain Name [armanieu.com] was registered on December 1, 2018 by the Second Respondent using a privacy service (the Fourth Respondent). The Domain Name [armanioutletfashion.com] was registered on October 29, 2018 by the Third Respondent using a privacy service (the Fourth...