Decisión del Panel Administrativo nº D2020-1739 of WIPO Arbitration and Mediation Center, September 09, 2020 (case International Business Machines Corporation v. Adminstrator of the Day, Pythagoras FZE)

• Resolution Date: September 09, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

International Business Machines Corporation v. Adminstrator of the Day, Pythagoras FZE

Case No. D2020-1739

1. The Parties

Complainant is International Business Machines Corporation, United States of America (“United States”), represented by Lisa Ulrich, United States.

Respondent is Adminstrator of the Day, Pythagoras FZE, United Arab Emirates.

2. The Domain Name and Registrar

The disputed domain name [newsibm.com] is registered with Communigal Communications Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 2, 2020. On July 3, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 6, 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 Complainant on July 6, 2020, providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on July 6, 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 Respondent of the Complaint, and the proceedings commenced on July 14, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 3, 2020. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on August 4, 2020.

The Center appointed Stephanie G. Hartung as the sole panelist in this matter on August 27, 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 Background

Complainant is a company organized under the laws of the United States that is active worldwide in the computer industry. Complainant has provided evidence, that it is since many decades the registered owner of numerous trademarks relating to its company name and brand “IBM” (acronym for...