Decisión del Panel Administrativo nº D2001-1259 of WIPO Arbitration and Mediation Center, January 23, 2002 (case Permacel, A Nitto Denko Company vs. Axis Interactive and PRS Permacel Private Limited)

JudgeD. J. Ryan, Tony Willoughby, Paul E. Mason
Resolution DateJanuary 23, 2002
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionComplaint denied
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Permacel, A Nitto Denko Company v. Axis Interactive and PRS Permacel Private Limited

Case No. D2001-1259

  1. The Parties

    The Complainant is Permacel, A Nitto Denko Company of U.S. Highway No. 1 New Brunswick, New Jersey 08903, United States of America.

    Complainant is represented by Peter Toren of Sidley Austin Brown & Wood, 875 Third Avenue, New York, New York 10022, United States of America.

    The Respondents are Axis Interactive and PRS Permacel Private Limited ("Respondent") of Mumbai, India.

    Respondent is represented by Sanjay Asher of Crawford Bayley & Co., State Bank of India Building, N.G.N. Vaidya Marg, Fort, Mumbai 400023, India.

  2. The Domain Name and Registrar

    The domain name with which this dispute is concerned is: .

    The Registrar with which the domain name is currently registered is Network Solutions, VeriSign Worldwide Headquarters, 487 East Middlefield Road, Mountain View, CA 94043, United States of America.

  3. Procedural History

    3.1 The Complaint was filed electronically on October 17, 2001, and in hard copy on October 22, 2001, at the WIPO Arbitration and Mediation Center (the "WIPO Center").

    3.2 On October 24, 2001, the WIPO Center acknowledged receipt of the Complaint and requested verification of the domain name details from the Registrar.

    On October 25, 2001, the Registrar verified:

    (i) that the domain name is registered with it;

    (ii) that the current registrant of the domain name is Axis Interactive ("Axis");

    (iii) that its Service Agreement Version 5 (English) is in effect;

    (iv) that the domain name is currently in "Active" status;

    (v) that the Administrative Contact and Billing Contact for the domain name is:

    Ganesh, Shrikanth (SG14471) axisindia@YAHOO.COM

    Axis Interactive

    188, Alvares House, Veer savarkar Marg

    Mahim (w)

    Mumbai, XX 400016

    India

    (vi) that the Technical Contact is:

    Services, Administration (SA271-ORG) admin@MEDIA3.NET

    Media3 Technologies

    North River Commerce Park

    Pembroke, MA 02359

    United States of America

    (vii) that a copy of the Complaint had been served on it.

    3.3 A formal deficiency in the Complaint was rectified on November 2, 2001, and on November 5, 2001, all formal requirements for the establishment of the Complaint having been checked by the WIPO Center were found to be in compliance with the applicable ICANN Uniform Domain Name Dispute Resolution Policy (the "Policy"), and the ICANN Rules for Uniform Domain Name Dispute Resolution Policy ("the Rules").

    3.4 On November 5, 2001, the WIPO Center sent the Notification of Complaint and Commencement of Administrative Proceeding by courier, facsimile and by e-mail to Respondent, Axis, the Administrative Contact and Billing Contact, and the Technical Contact, and by e-mail to the postmaster at the domain name.

    3.5 The Administrative Proceeding commenced on November 5, 2001, and the Response was due on November 25, 2001.

    3.6 A Response was filed on November 23, 2001.

    3.7 Respondent requested the appointment of a three member panel and Panelists Paul E. Mason and Tony Willoughby, and Presiding Panelist Mr. Desmond Ryan, having filed Statements of Acceptance and Declaration of Impartiality and Independence, the Panel was appointed on January 14, 2002.

    3.8 The language of the Proceeding is English.

  4. Supplemental Filings

    4.1 On November 29, 2001, Complainant submitted a Brief in Reply to the Response and on December 7, 2001, Respondent submitted a request for a...

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