Decisión del Panel Administrativo nº D2019-2557 of Tribunal Arbitral de la OMPI, December 02, 2019 (case ic! berlin brillen GmbH v. WhoisGuard Protected, WhoIs Guard, Inc / cheap aj)

Defense:WhoisGuard Protected, WhoIs Guard, Inc / cheap aj
Resolution Date:December 02, 2019
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Transfer
Dominio:Generic Domains
SUMMARY

[icberlinoptical.com]

 
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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

ic! berlin brillen GmbH v. WhoisGuard Protected, WhoIs Guard, Inc / cheap aj

Case No. D2019-2557

1. The Parties

The Complainant is ic! berlin brillen GmbH, Germany, represented by Habermann, Hruschka & Schnabel, Germany.

The Respondent is WhoisGuard Protected, WhoIs Guard, Inc, Panama / Cheap Aj, United States of America (“United States”).

2. The Domain Name and Registrar

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

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 17, 2019. On October 17, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 17, 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 October 18, 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 amendment to the Complaint on October 24, 2019.

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”).

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on October 25, 2019. In accordance with the Rules, paragraph 5, the due date for Response was November 14, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 15, 2019.

The Center appointed Andrew F. Christie as the sole panelist in this matter on November 18, 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...

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