Decisión del Panel Administrativo nº D2018-2849 of Tribunal Arbitral de la OMPI, February 12, 2019 (case SPMP333 Pty Ltd. v. Eric Bouvier, A+ Tech Services)
|Defense:||Whois Privacy Protection Service, Inc. / Eric Bouvier, A+ Tech Services|
|Resolution Date:||February 12, 2019|
|Issuing Organization:||Tribunal Arbitral de la OMPI|
The Complainant is SPMP333 Pty Ltd. of Burpengary, Queensland, Australia, represented by IP Wealth Pty Ltd, Australia.
The Respondent is Eric Bouvier, A+ Tech Services of Bristol, Connecticut, United States.
The disputed domain name [atechservices.com] is registered with eNom, Inc. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 13, 2018. On December 13, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 13, 2018, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on December 17, 2018 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. On December 17, 2018, the Center received an informal email communication from the Respondent. The Complainant filed an amended Complaint on December 20, 2018.
The Center verified that the Complaint together with the amended 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 December 20, 2018. In accordance with the Rules, paragraph 5, the due date for Response was January 9, 2018. The Respondent did not submit any formal response. Accordingly, the Center notified the Respondent’s default on January 10, 2019. On January 17, 2019, the Center received an informal communication from the Complainant, asking for information regarding the suspension of the proceedings.
The Center appointed Dr. Clive N.A. Trotman as the sole panelist in this matter on January 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.
The Complainant, SPMP333 Pty Ltd, is the intellectual property holding entity for its trading company ATECH. The Complainant’s business was known initially as Angry Technology, then ATechnology International, then ATech Services. It provides goods and services relating to software, cloud hosting, managed services, security and disaster recovery, digital design, search engine optimisation, web development, domain registration and SSL certificates, business analysis, project management, and digital marketing consultation. The Complainant started using the trademark ATECH in the United States from at least as early as February...
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