Decisión del Panel Administrativo nº D2019-2408 of Tribunal Arbitral de la OMPI, December 04, 2019 (case Massachusetts Financial Services Company v. WhoisGuard, Inc. / Michael Anderson, Como)
|Defense:||WhoisGuard, Inc. / Michael Anderson, Como|
|Resolution Date:||December 04, 2019|
|Issuing Organization:||Tribunal Arbitral de la OMPI|
Complainant is Massachusetts Financial Services Company, United States of America (“United States”), represented by Wilmer Cutler Pickering Hale and Dorr LLP, United States.
Respondent is WhoisGuard, Inc., Panama / Michael Anderson, Como, United States.
The disputed domain name [mfs.trade] (the “Domain Name”) is registered with NameCheap, Inc. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 3, 2019. On October 4, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On October 4, 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 Complainant on October 14, 2019 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 October 14, 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 October 30, 2019. In accordance with the Rules, paragraph 5, the due date for Response was November 19, 2019. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on November 21, 2019.
The Center appointed Robert A. Badgley as the sole panelist in this matter on November 27, 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.
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