Decisión del Panel Administrativo nº D2019-1074 of WIPO Arbitration and Mediation Center, July 16, 2019 (case Sbarro Franchise Co., LLC v. Zhichao Yang)

Resolution DateJuly 16, 2019
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Sbarro Franchise Co., LLC v. Zhichao Yang

Case No. D2019-1074

1. The Parties

Complainant is Sbarro Franchise Co., LLC, United States of America (“US”), represented by Gottlieb, Rackman & Reisman, P.C., US.

Respondent is Zhichao Yang, Anhui, China.

2. The Domain Name and Registrar

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

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 9, 2019. On May 9, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On May 9, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on May 13, 2019 providing the registrant and contact information disclosed by the Registrar and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amendment to the Complaint on May 13, 2019.

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 Respondent of the Complaint, and the proceedings commenced on May 17, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 6, 2019. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on June 12, 2019.

The Center appointed Clive L. Elliott Q.C. as the sole panelist in this matter on June 24, 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

According to the publicly available WhoIs information, the Domain Name was registered on September 3, 2018, and resolves to a pay-per-click webpage.

Complainant is a subsidiary of Sbarro LLC (“Sbarro”). Sbarro is the owner and operator of fast food pizzerias and Italian-style restaurants, with the first Sbarro restaurant being established in Brooklyn, New York in 1959.

Today, Sbarro owns...

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