Decisión del Panel Administrativo nº D2019-2430 of WIPO Arbitration and Mediation Center, November 28, 2019 (case Ruby Life Inc. v. Hush Whois Protection Ltd.)

Resolution DateNovember 28, 2019
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Ruby Life Inc. v. Hush Whois Protection Ltd.

Case No. D2019-2430

1. The Parties

Complainant is Ruby Life Inc., Canada, represented by SafeNames Ltd., United Kingdom.

Respondent is Hush Whois Protection Ltd., Seychelles.

2. The Domain Name and Registrar

The disputed domain name [ashleymadisonspain.com] is registered with PSI-USA, Inc. dba Domain Robot (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 7, 2019. On October 8, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 10, 2019, 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 October 14, 2019. In accordance with the Rules, paragraph 5, the due date for Response was November 3, 2019. Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 4, 2019.

The Center appointed Lorelei Ritchie as the sole panelist in this matter on November 14, 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

Since 2002, Complainant has owned and operated an online dating platform under the mark ASHLEY MADISON, via its website, located at “www.ashleymadison.com”. Complainant advertises “discreet relationships of all kinds,” and has members in over 50 countries around the world. Complainant owns trademark registrations for the ASHLEY MADISON mark in various jurisdictions. These include United States Registration No. 2812950 (registered February 10, 2004); Canadian Registration No. TMA592582 (registered...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT