Decisión del Panel Administrativo nº D2019-1099 of WIPO Arbitration and Mediation Center, July 15, 2019 (case Makeup Art Cosmetics Inc., Estee Lauder Cosmetics Ltd. v. Buofu Nwafor)

Resolution DateJuly 15, 2019
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Makeup Art Cosmetics Inc., Estee Lauder Cosmetics Ltd. v. Buofu Nwafor

Case No. D2019-1099

1. The Parties

Complainants are Makeup Art Cosmetics Inc., United States of America, and Estee Lauder Cosmetics Ltd., Canada (hereinafter collectively “Complainants”) represented by Fross Zelnick Lehrman & Zissu, PC, United States of America (“U.S.”).

Respondent is Buofu Nwafor, Nigeria.

2. The Domain Name and Registrar

The disputed domain name [maccosmeticfranchise.com] (the “Domain Name”) is registered with OwnRegistrar, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 11, 2019. On May 13, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On May 14, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainants on May 20, 2019, providing the registrant and contact information disclosed by the Registrar, and inviting Complainants to submit an amendment to the Complaint. Complainants filed an amended Complaint on May 22, 2019.

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 May 24, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 13, 2019. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on June 14, 2019.

The Center appointed Clive L. Elliott Q.C. as the sole panelist in this matter on June 25, 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

Complainants, including their affiliated companies, are among the world’s leading cosmetics companies. For more than 30 years they have made and sold...

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