Decisión del Panel Administrativo nº D2020-1662 of WIPO Arbitration and Mediation Center, September 09, 2020 (case Munch’s Supply LLC v. Shao Luo)
| Resolution Date | September 09, 2020 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Munch’s Supply LLC, United States of America (“United States”), represented by Benesch, Friedlander, Coplan & Aronoff, LLP, United States.
The Respondent is Shao Luo, China.
The disputed domain name [munchs.store] is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 24, 2020. On June 25, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 26, 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 July 1, 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 amendment to the Complaint on July 9, 2020.
The Center verified that the Complaint together with the amendment to the 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 July 16, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 5, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 10, 2020.
The Center appointed Antony Gold as the sole panelist in this matter on August 26, 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.
The Complainant is a distributor of heating, ventilation and air conditioning equipment, parts and supplies serving areas in Chicago, Northwest Indiana and Michigan, United States. It was founded in 1956 and now supplies its customers with a range of products from more than 100 different manufacturers. The Complainant operates an e-commerce website at “www.munchsupply.com” through which its goods and services can be purchased. Each page of the Complainant’s website features a blue, diamond-shaped logo, superimposed over a grey rectangle, which contains, in white font, the words “[MUNCH’S SUPPLY, EST. 1956]”.
The Complainant trades as MUNCH’S SUPPLY and has registered the following service marks to protect its trading styles, namely;
- United States service mark registration number 5,011,166 for the word mark MUNCH’S SUPPLY in class 35, registered on August 2, 2016; and
- United States service mark, registration number, 5,055,829 for the Complainant’s logo, as described above, in class 35, registered on October 4, 2016.
The disputed domain name was registered on May 30, 2020. The Complainant has provided screenshots of the Respondent’s website, the home page of which features, in the top left corner, a logo which is essentially identical to that used by the Complainant on its website. There are two minor differences in the textual element of the parties’ logos, namely the Respondent’s logo lacks the apostrophe in the word “munch’s” (i.e. it is...
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