Decisión del Panel Administrativo nº D2020-0949 of WIPO Arbitration and Mediation Center, June 25, 2020 (case Playboy Enterprises International, Inc. v. Jonathan Marsh)

Resolution DateJune 25, 2020
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Playboy Enterprises International, Inc. v. Jonathan Marsh

Case No. D2020-0949

1. The Parties

Complainant is Playboy Enterprises International, Inc., United States of America (“United States”), represented by Venable, LLP, United States.

Respondent is Jonathan Marsh, United States, self-represented.

2. The Domain Name and Registrar

The disputed domain name [playboycannabis.com] (the “Domain Name”) is registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 17, 2020. On April 17, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On April 20, 2020, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details. On April 28, 2020, the Center send an email communication to Complainant requesting for clarification of mutual jurisdiction. On April 28, 2020, the Center received Complainant’s clarification on its choice of mutual jurisdiction.

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 Respondent of the Complaint, and the proceedings commenced on May 5, 2020. In accordance with the Rules, paragraph 5, the due date for Response was May 25, 2020. On May 25, 2020, Respondent requested an extension to Response due date. The Response due date was automatically extended to May 29, 2020, in accordance with Rules, paragraph 5(b). The Response was filed with the Center on May 30, 2020.

The Center appointed Robert A. Badgley as the sole panelist in this matter on June 11, 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.

On June 11 and 12, 2020, the Center received informal email communications from Respondent. The Center replied to Respondent and informed the Panel on June 12, 2020.

4. Factual Background

According to Complainant, it is “world-renowned as an international entertainment and multi-media licensing company, and the owner of the world-famous PLAYBOY trademarks, which include the term “PLAYBOY” in a myriad of international classes in over 100 countries.” Complainant holds more than 2,000 trademark registrations for the mark PLAYBOY, including dozens in the United States, where Respondent resides. One such registration of PLAYBOY is United States Patent & Trademark Office Reg. No...

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