Decisión del Panel Administrativo nº D2020-1156 of WIPO Arbitration and Mediation Center, June 26, 2020 (case Philip Savino v. Cykon Technology Limited)
Resolution Date | June 26, 2020 |
Issuing Organization | WIPO Arbitration and Mediation Center |
Decision | Complaint denied |
Dominio | Generic Domains |
The Complainant is Philip Savino, United States of America (“United States”), represented by Howard M. Cohn and Associates, United States.
The Respondent is Cykon Technology Limited, Hong Kong, China, internally represented.
The disputed domain name [accessspa.com] is registered with PSI-USA, Inc. dba Domain Robot (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 7, 2020. On May 8, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 11, 2020, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.
The Center verified that 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 May 12, 2020. In accordance with the Rules, paragraph 5, the due date for Response was June 1, 2020. On May 27, 2020, the Respondent contacted the Center requesting an extension to the Response filing period due to the ongoing COVID-19 conditions. Pursuant to paragraphs 5(b) and 5(e) of the Rules, the Response filing period was extended until June 8, 2020. The Response was filed with the Center on June 5, 2020.
The Center appointed Warwick A. Rothnie as the sole panelist in this matter on June 12, 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.
According to the Complaint, the Complainant is the owner in the United States of Registered Trademark No. 5,959,834 (the “Trademark”).
The Certificate of Registration of the Trademark, however, shows the owner as Access Spa Franchising LLC (the...
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