Decisión del Panel Administrativo nº D2019-0254 of WIPO Arbitration and Mediation Center, March 13, 2019 (case Praxis Capital, Inc. v. John C. Martinez, The Praxeology Group LLC)

• Resolution Date: March 13, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Praxis Capital, Inc. v. John C. Martinez, The Praxeology Group LLC

Case No. D2019-0254

1. The Parties

The Complainant is Praxis Capital, Inc. of Santa Rosa, California, United States of America (“United States”), represented by One LLP, United States.

The Respondent is John C. Martinez, The Praxeology Group LLC, of Ft. Lauderdale, Florida, United States.

2. The Domain Name and Registrar

The disputed domain name [praxiscapitalgroup.com] is registered with Wild West Domains, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 31, 2019. On February 1, 2019, the Center transmitted, by email, to the Registrar a request for registrar verification in connection with the disputed domain name. On February 2, 2019, 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. On February 6, 2019, the Complainant submitted, by email to the Center, an amendment to the Complaint changing the relief requested from cancellation of the disputed domain name to transfer of the name, which the Center acknowledged later the same day.

The Center verified that the Complaint, together with the amendment to the Complaint, satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy”), 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 that the proceedings commenced on February 6, 2019. In accordance with the Rules, paragraph 5, the due date for Response was set to February 26, 2019. The Respondent did not submit any response. Accordingly, on February 27, 2019, the Center notified the Parties of the Respondent’s default.

The Center appointed Peter L. Michaelson as the sole panelist in this matter on March 1, 2019. 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

As reflected in the registration record for the disputed domain name in the public WhoIs database (a copy of that record appears in Exhibit A to the Complaint), the disputed domain name was registered on June 25, 2011, and will expire on June 25, 2019.

A. The Complainant’s PRAXIS CAPITAL mark

The Complainant owns a single United States registration for the mark PRAXIS CAPITAL INC. in block letters combined with a design element and additional text. The Complainant has provided, in Exhibit C to the Complaint, a copy of the registration certificate for this mark. Pertinent details of this registration are as follows:

1. Mark: PRAXIS CAPITAL INC. (in block letters) together with a stylized “P” in a larger font than and preceding the block letter text, the additional text “RECOGNIZING OPPORTUNITY – DELIVERING RESULTS” in a smaller font than and situated below the block letter text, United States Registration No. 5,289,607; registered: September 19, 2017.

This service mark is registered for use in connection with: “Real estate private equity investment services consisting of managing pooled real estate investment funds” in international class 36. The registration indicates that both first use and first use in commerce of this mark, when used in conjunction with these services, commenced as of June 10, 2010.

B. The Parties and their activities

The Complainant is a real estate investment firm, which provides investment services for private investors in the United States. It has been engaged in real estate investment services since 2010. The Complainant, having over USD 150 million in assets under management, focuses on implementing both...