Decisión del Panel Administrativo nº D2018-2947 of Tribunal Arbitral de la OMPI, February 14, 2019 (case Seminole Tribe of Florida v. Domain Administrator, Fundacion Privacy Services LTD)
|Actor:||Seminole Tribe of Florida|
|Defense:||Domain Administrator, Fundacion Privacy Services LTD|
|Resolution Date:||February 14, 2019|
|Issuing Organization:||Tribunal Arbitral de la OMPI|
The Complainant is Seminole Tribe of Florida of Hollywood, Florida, United States of America (“United States”), represented by Richter Trademarks, United States.
The Respondent is Domain Administrator, Fundacion Privacy Services LTD of Panama City, Panama.
The disputed domain name [hardrocktampa.com] is registered with Media Elite Holdings Limited dba Register Matrix (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 30, 2018. On January 2, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 3, 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.
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 the Respondent of the Complaint, and the proceedings commenced on January 7, 2019. In accordance with the Rules, paragraph 5, the due date for Response was January 27, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 28, 2019.
The Center appointed Steven A. Maier as the sole panelist in this matter on January 31, 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.
The Complainant operates casinos and leisure facilities in the United States under the name and trademark HARD ROCK.
The Complainant has rights in multiple registrations for trademarks comprising or including the mark HARD ROCK, including for example United States trademark number 2478328 for HARD ROCK, registered on August...
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