Decisión del Panel Administrativo nº DIO2021-0016 of WIPO Arbitration and Mediation Center, October 04, 2021 (case Micro Electronics, Inc. v. Privacy Service Provided by Withheld for Privacy ehf / Mack Gee)

Resolution DateOctober 04, 2021
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioTerritorio Británico del Océano Índico (.io)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Micro Electronics, Inc. v. Privacy Service Provided by Withheld for Privacy ehf / Mack Gee

Case No. DIO2021-0016

1. The Parties

Complainant is Micro Electronics, Inc., United States of America (“United States” or “U.S.”), represented by Scarinci Hollenbeck, United States.

Respondent is Privacy Service Provided by Withheld for Privacy ehf, Iceland / Mack Gee, United States.

2. The Domain Name and Registrar

The disputed domain name [microcenter.io] (the “Domain Name”) is registered with NameCheap, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 12, 2021. On August 13, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. That same day, 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 August 16, 2021, 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 August 17, 2021.

The Center verified that the Complaint satisfied the formal requirements of the .IO Domain Name Dispute Resolution Policy (the “Policy”), the Rules for .IO Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for .IO 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 August 19, 2021. In accordance with the Rules, paragraph 5, the due date for Response was September 8, 2021. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on September 14, 2021.

The Center appointed Harrie R. Samaras as the sole panelist in this matter on September 21, 2021. 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 U.S. company in the business of selling computers, computer software, gaming and networking products and services, electronic hardware, accessories and related services, including computer repairs which it does online and in several brick and mortar locations around the country.

Complainant owns numerous registrations for the MICRO CENTER Mark (or “the Mark”), including U.S. Registration No. 1,552,264 (registered on August 15, 1989); U.S. Registration No. 3,020,431 (registered on November 29, 2005); U.S. Registration No. 3,267,567 (registered on July 24, 2007); and U.S. Registration No. 3,267,627 (registered on July 24, 2007).

Complainant sells and markets its goods under the Mark. Also, Complainant owns and uses the domain name [microcenter.com] in connection with its website.

On a yearly basis, Complainant spends roughly USD 15 million in...

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