Decisión del Panel Administrativo nº D2020-1898 of WIPO Arbitration and Mediation Center, September 11, 2020 (case The Nielsen Company (US), LLC. v. Registration Private, Domains By Proxy, LLC / Aniket Kharade)

Resolution DateSeptember 11, 2020
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

The Nielsen Company (US), LLC. v. Registration Private, Domains By Proxy, LLC / Aniket Kharade

Case No. D2020-1898

1. The Parties

The Complainant is The Nielsen Company (US), LLC., United States of America (“United States”), represented by Baker & McKenzie, United States.

The Respondent is Registration Private, Domains By Proxy, LLC, United States / Aniket Kharade, India, self‑represented.

2. The Domain Name and Registrar

The disputed domain name [nielsenreports.com] is registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 21, 2020. On July 21, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 22, 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 July 24, 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 amended Complaint on July 24, 2020.

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 July 29, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 18, 2020. The Center received two informal email communications from the Respondent on August 4, 2020. On August 4, 2020, the Complainant replied to the Respondent’s email communications of August 4, 2020. The Center received a further informal email communication from the Respondent on August 8, 2020. On August 10, 2020, the Center sent an email communication to the Parties regarding possible settlement. On August 12, 2020, the Complainant replied to the Center, stating that it did not wish to pursue settlement, requesting that the proceeding be allowed to proceed to a decision. On August 12, 2020, the Center received an email communication from the Respondent, attaching a signed copy of the Center’s standard settlement form, consenting to the remedy requested by the Complainant. No further communications were received from either Party by the Center. On August 19, 2020, the Center informed the Parties that it would proceed to appoint the Administrative Panel.

The Center appointed Jane Seager as the sole panelist in this matter on August 24, 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.

4. Factual Background

Founded in 1923, the Complainant is a publicly-traded United States corporation engaged in global measurement and data analytics. Its services include the provision of in-depth research, reports and analyses, and general consulting services to assist its customers with marketing and advertising strategies and provide insights into the markets in which they operate.

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