Decisión del Panel Administrativo nº D2014-1833 of WIPO Arbitration and Mediation Center, December 18, 2014 (case Philip Morris USA Inc. v. Gustavo Winchester / Whois Agent and Your Jungle Privacy Protection Service)

• Resolution Date: December 18, 2014
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Philip Morris USA Inc. v. Gustavo Winchester / Whois Agent and Your Jungle Privacy Protection Service

Case No. D2014-1833

1. The Parties

The Complainant is Philip Morris USA Inc., Richmond, Virginia, United States of America, represented by Arnold & Porter, United States of America.

The Respondent is Gustavo Winchester, Brazil, / Whois Agent and Your Jungle Privacy Protection Service, Colorado Springs, Colorado, United States of America.

2. The Domain Name and Registrar

The disputed domain name [cigarettesmarlboro.net] is registered with DomainNetwork.ca Inc (aka bellnames / namepal.com (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 20, 2014. On October 21, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 23, 2014, 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 24, 2014 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 30, 2014.

The Center verified that 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on November 3, 2014. In accordance with the Rules, paragraph 5(a), the due date for Response was November 23, 2014. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 25, 2014.

The Center appointed Edoardo Fano as the sole panelist in this matter on December 8, 2014. 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 Panel has not received any requests from the Complainant or the Respondent regarding further submissions, waivers or extensions of deadlines, and the Panel has not found it necessary to request any further information from the Parties.

Having reviewed the communication records in the case file provided by the Center, the Panel finds that the Center has discharged its responsibility under the Rules, paragraph 2(a), “to employ...