Decisión del Panel Administrativo nº D2021-2805 of WIPO Arbitration and Mediation Center, October 19, 2021 (case Newell Brands Inc. v. Privacy Service Provided by Withheld for Privacy ehf / Levis White, EngySP)

Resolution DateOctober 19, 2021
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Newell Brands Inc. v. Privacy Service Provided by Withheld for Privacy ehf / Levis White, EngySP

Case No. D2021-2805

1. The Parties

The Complainant is Newell Brands Inc., United States of America (“United States”), represented by Polsinelli PC, United States.

The Respondent is Privacy Service Provided by Withheld for Privacy ehf, Iceland / Levis White, EngySP, Portugal.

2. The Domain Name and Registrar

The disputed domain name [newellc.com] (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 26, 2021. On the same day, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. Also on the 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 the Complainant on August 31, 2021 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 September 1, 2021.

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 September 3, 2021. In accordance with the Rules, paragraph 5, the due date for Response was September 23, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 28, 2021.

The Center appointed Jon Lang as the sole panelist in this matter on October 5, 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

The Complainant is a corporation organized and existing under the laws of the State of Delaware in the United States of America. It is a leading global consumer goods company with a strong portfolio of well-known brands, including RUBBERMAID, PAPER MATE, SHARPIE, DYMO, EXPO, PARKER, ELMER’S, COLEMAN, MARMOT, OSTER, SUNBEAM, FOODSAVER, and MR. COFFEE to name but a few, and its products are found in more than ninety percent of United States households.

As an extension of its consumer goods portfolio, a variety of products are sold under the NEWELL and NEWELL BRANDS trademarks, including knives, strollers, baby and infant car seats, baby carriers, dry-erase board cleaners, and pacifiers for babies. A variety of consumer goods products have been sold throughout the world under the NEWELL and/or NEWELL BRANDS trademarks for many years, with first use of the NEWELL trademark on goods taking place as early as 1985.

The Complainant has continually used the NEWELL and NEWELL BRANDS trademarks in commerce for many years and owns many live, distinctive, and well-known trademark registrations in Brazil, Germany and the United States including, Brazilian trademark registration No. 822246007 (for NEWELL) with a registration date of...

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