Decisión del Panel Administrativo nº D2018-2874 of WIPO Arbitration and Mediation Center, February 10, 2019 (case Roraj Trade LLC v. Moses Perkins)
| Resolution Date | February 10, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
Complainant is Roraj Trade LLC of Los Angeles, California, United States of America, represented by Holland & Knight LLC, United States of America.
Respondent is Moses Perkins of Carson, California, United States of America, represented by Olman Valverde, United States of America.
The disputed domain name [fentyentertainment.com] (the “Domain Name”) is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 17, 2018. On December 18, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On December 18, 2018, the Registrar transmitted by email to the Center its verification response confirming that 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 Respondent of the Complaint, and the proceedings commenced on January 3, 2019. In accordance with the Rules, paragraph 5, the extended due date for Response was January 27, 2019. The Response was filed with the Center on January 27, 2019.
On January 31, 2019, Complainant submitted an unsolicited Reply to Response and annexes which the Panel, in its discretion, has considered. Under paragraphs 10 and 12 of the Rules, the Panel has decided to consider the supplemental filing of Complainant because of the relevance of the submission in view of this rather complex case.
The Center appointed Robert A. Badgley as the sole panelist in this matter on February 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.
Complainant Roraj Trade LLC owns and manages the intellectual property rights of Robyn Rihanna Fenty, a world-famous singer known as Rihanna (hereinafter “Rihanna”). Rihanna owns Complainant company. Rihanna has been famous since 2005, and she has sold more than 230 records worldwide.
Complainant has also used FENTY as a trademark in association with cosmetics, perfumes, eyewear, jewelry, clothing, and other items. Complainant’s FENTY 88 mark was registered in the European Union under registration number 012133641 on February 5, 2014. Complainant also holds various trademark registrations of marks including Rihanna’s surname FENTY in the United States of America (FENTY BEAUTY, FENTY BEAUTY BY RIHANNA, FENTY GLOW) and several other countries.
Respondent Moses Perkins, and Ronald Fenty (“Ronald”)...
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