Decisión del Panel Administrativo nº D2017-2500 of WIPO Arbitration and Mediation Center, February 09, 2018 (case Joanna Gaines, Magnolia IP Holdings, LLC v. WhoisGuard, Inc., WhoisGuard Protected / Raja Ali)

• Resolution Date: February 09, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Joanna Gaines, Magnolia IP Holdings, LLC v. WhoisGuard, Inc., WhoisGuard Protected / Raja Ali

Case No. D2017-2500

1. The Parties

The Complainants are Joanna Gaines (the "First Complainant") and Magnolia IP Holdings, LLC (the "Second Complainant") (together the "Complainants") both of Waco, Texas, United States of America ("United States"), represented by Adams and Reese LLP, United States.

The Respondent is WhoisGuard, Inc., WhoisGuard Protected of Panama, Panama / Raja Ali of Faisalabad, Punjab, Pakistan.

2. The Domain Name and Registrar

The disputed domain name [joannagainesskincare.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 December 18, 2017. On December 18, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 18, 2017, 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 Complainants on December 27, 2017 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainants to submit an amendment to the Complaint. The Complainants filed an amended Complaint on December 30, 2017.

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 January 3, 2018. In accordance with the Rules, paragraph 5, the due date for Response was January 23, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on January 24, 2018.

The Center appointed Steven A. Maier as the sole panelist in this matter on February 7, 2018. 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 First Complainant is a television personality who is best known for presenting a...