Decisión del Panel Administrativo nº D2020-2617 of WIPO Arbitration and Mediation Center, November 26, 2020 (case Mediatonic Limited v. WhoisGuard Protected, WhoisGuard, Inc. / Vaibhav Bhandari)

Resolution DateNovember 26, 2020
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Mediatonic Limited v. WhoisGuard Protected, WhoisGuard, Inc. / Vaibhav Bhandari

Case No. D2020-2617

1. The Parties

The Complainant is Mediatonic Limited, United Kingdom, represented by Harbottle & Lewis LLP, United Kingdom.

The Respondent is WhoisGuard Protected, WhoisGuard, Inc., Panama / Vaibhav Bhandari, India.

2. The Domain Name and Registrar

The disputed domain name [fallguysmobile.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 7, 2020. On October 8, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 8, 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 the Complainant on October 12, 2020 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 amended Complaint on October 16, 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 the Respondent of the Complaint, and the proceedings commenced on October 16, 2020. In accordance with the Rules, paragraph 5, the due date for Response was November 5, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 6, 2020.

The Center appointed Alistair Payne as the sole panelist in this matter on November 12, 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

The Complainant is a video game developer based in the United Kingdom. One of the Complainant’s video games, which has received extensive publicity and critical acclaim following its launch, is “FALL GUYS: ULTIMATE KNOCKOUT” (the “Video Game”). The Video Game was launched on August 4, 2020 can be played on PC and PlayStation 4, is available worldwide and is published by Devolver Digital, Inc. The Complainant sold over 7 million copies of the Video Game by August 25, 2020 and it was a global top selling game for a period of 6 weeks from August 3, 2020 until September 13, 2020.

The Complainant owns various trade mark registrations for FALL GUYS including United Kingdom trade mark registrations 3324430 filed on July 13, 2018 and registered on October 12, 2018 and 3496528 filed on June 3, 2020 and registered on September 4, 2020. Since February 17, 2020, the Complainant has...

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