Decisión del Panel Administrativo nº D2018-1897 of WIPO Arbitration and Mediation Center, October 16, 2018 (case The Gap, Inc. / Gap (Apparel), LLC / Gap (ITM) Inc. v. WhoisGuard Protected, WhoisGuard, Inc. / Stephen Bell)

• Resolution Date: October 16, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

The Gap, Inc. / Gap (Apparel), LLC / Gap (ITM) Inc. v. WhoisGuard Protected, WhoisGuard, Inc. / Stephen Bell

Case No. D2018-1897

1. The Parties

Complainants are The Gap, Inc. of San Francisco, California, United States of America (“United States”), Gap (Apparel), LLC of San Francisco, California, United States, and Gap (ITM) Inc. of San Francisco, California, United States, represented by Fross Zelnick Lehrman & Zissu, P.C., United States (hereinafter referred to, jointly and severally, as “Complainant.”).

Respondent is WhoisGuard Protected, WhoisGuard, Inc. of Panama, Panama / Stephen Bell of Berkeley, California, United States (hereinafter referred to as “Respondent.”).

2. The Domain Name and Registrar

The disputed domain name [secure-gap.com] is registered with NameCheap, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 21, 2018. On August 21, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On the same date, 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. Complainant filed an amended Complaint on August 24, 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 Respondent of the Complaint, and the proceedings commenced on August 28, 2018. In accordance with the Rules, paragraph 5, the due date for Response was September 17, 2018. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on September 18, 2018.

The Center appointed M. Scott Donahey as the sole panelist in this matter on October 2, 2018. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as...