Decisión del Panel Administrativo nº D2020-2236 of WIPO Arbitration and Mediation Center, November 24, 2020 (case Sazerac Brands, LLC v. England Diep, Old Northampton Enterprises Seven Spirits ltd)
| Resolution Date | November 24, 2020 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Sazerac Brands, LLC, United States of America (United States), represented by Fieldfisher LLP, United Kingdom.
The Respondent is England Diep, Old Northampton Enterprises Seven Spirits ltd, United Kingdom.
The disputed domain name [sazerac-bar.com] is registered with 1&1 IONOS SE (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 25, 2020. On August 25, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 26, 2020, the Registrar transmitted by email to the Center its verification response:
(a) confirming it is the Registrar for the disputed domain name;
(b) disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint;
(c) indicating the Respondent registered the disputed domain name on June 2, 2009;
(d) indicating the language of the registration agreement is English;
(e) acknowledging the disputed domain name was registered subject to the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), and the UDRP applies to the disputed domain name.
The Center sent an email communication to the Complainant on September 4, 2020, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on September 8, 2020.
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” 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 October 24, 2020. In accordance with the Rules, paragraph 5, the due date for Response was October 14, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 19, 2020.
The Center appointed Warwick A. Rothnie as the sole panelist in this matter on October 23, 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 November 17, 2020, due to an apparent issue with the notification of Complaint, the Panel issued a Procedural Order granting the Respondent a five day period in which to indicate whether it wished to participate to this proceeding. No communication was received from the Respondent.
The Complainant is a subsidiary of Sazerac Company Inc. which was founded in 1869 in Louisiana, United States.
The Complainant is a manufacturer of distilled spirits and mixers including whiskey, bourbon, brandy, cognac, rum, vodkas, tequilas, cordials, and liqueurs. Amongst its products are the brands, Southern Comfort, Blanton’s, Sazerac Rye, and Pappy Van Winkle.
According to the Complaint, the Complainant’s parent owns a proprietary recipe known as the Sazerac cocktail. This recipe was developed in the “mid-1800s” and is claimed to be America’s...
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