Decisión del Panel Administrativo nº D2020-2539 of WIPO Arbitration and Mediation Center, November 26, 2020 (case Sugar Walls LLC v. Perfect Privacy LLC / Milen Radumilo)

• Resolution Date: November 26, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Sugar Walls LLC v. Perfect Privacy LLC / Milen Radumilo

Case No. D2020-2539

1. The Parties

The Complainant is Sugar Walls LLC, United States of America (“United States”), represented internally.

The Respondent is Perfect Privacy LLC, United States, / Milen Radumilo, Romania.

2. The Domain Name and Registrar

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

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 1, 2020. On October 1, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 7, 2020, 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 October 7, 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 October 7, 2020. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amended Complaint on October 9, 2020.

The Center verified that the Complaint together with the amendment to the Complaint and 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 October 12, 2020. In accordance with the Rules, paragraph 5, the due date for Response was November 1, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 2, 2020.

The Center appointed Alistair Payne as the sole panelist in this matter on November 5, 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 10, 2020, the Panel issued the following Administrative Panel Procedural Order:

“The Panel has reviewed the submissions from the Parties in this case. Pursuant to paragraphs 10 and 12 of the UDRP Rules, the Panel issues the following order:

The Panel notes that Complainant seeks to rely upon common law rights in the name or mark SUGARWALLTSHIRTS. [Section 1.3] of the [WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition] (‘WIPO Overview 3.0’) at...