Decisión del Panel Administrativo nº D2003-0305 of WIPO Arbitration and Mediation Center, June 18, 2003 (case The Sportsman's Guide vs. Modern Limited)

• Judge: Beatrice Onica Jarka
• Resolution Date: June 18, 2003
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

The Sportsman¿s Guide, Inc. v. Modern Limited, Cayman Islands

Case No. D2003-0305

1. The Parties

   The Complainant is The Sportsman¿s Guide, Inc., Minnesota, United States of America, represented by Killworth, Gottman, Hagan & Schaeff, L.L.P of United States of America.

   The Respondent is Modern Limited, Cayman Islands, Georgetown Cayman Islands, United Kingdom of Great Britain and Northern Ireland.

2. The Domain Name and Registrar

   The disputed domain name is , which is registered with Address Creation.

3. Procedural History

   3.1 Submission of the Complaint

   The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center"), in electronic format, on April 17, 2003. The original of the Complaint together with the 11 Annexes were submitted in hard copy on April 22, 2003.

   3.2 Confirmation of registration details

   On April 24, 2003, the Center transmitted by email, to Address Creation a request for registrar verification in connection with the domain name at issue. The request was sent to the email address displayed on the Registrar¿s website ¿ "support@addresscreation.com." The Registrar did not send the required verification, even though a reminder was sent to them. Due to the lack of reply from the Registrar, the Center proceeded with the case using the information provided on the corresponding Registrars Whois data. This information was obtained on June 3, 2003. The information obtained by the Center, from the corresponding Registrars Whois data, about the disputed domain name, are identical with those submitted in the Complaint and obtained from the same source on January 23, 2003, and on April 4, 2003. The Panel itself has performed several checks related to the disputed domain name, from the same source - the corresponding Registrars Whois data - and acknowledged that this information obtained during the checks are identical with those obtained by the Center and provided by the Complainant. Therefore, the Panel assumes that the information of the disputed domain name and its Registrant shown in the corresponding Registrars Whois data, are correct, as neither the Respondent or the Registrar contest such information.

   3.3 Formal compliance check

   The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy"), 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"). As for sending the Complainant to the Respondent and to the Registrar, according to the Complainant¿s contentions, the Panel presumes that it was done, as neither the Respondent or the Registrar contested it.

   The Panel independently determined and agreed with the assessment of the WIPO Center that the Complaint is in formal compliance with the requirements of the Policy, the Rules and the Supplemental Rules.

   3.4 Notification of the Respondent

   In accordance with the Rules, paragraphs 2(a) and 4(a), and in the light of the information available (as mentioned in the paragraph 3.2 above), the Center formally notified the Respondent of the Complaint and of the commencement of the proceedings on May 1, 2003.

   The Notification specified, in accordance with the Rules, paragraph 5(a), May 21, 2003, as the due date for the submission of the Response.

   Paragraph 2(a) of the Rules provides that it is the provider¿s responsibility to employ reasonably available means calculated to achieve actual notice of the Respondent. This paragraph further provides that this responsibility is discharged:

   - by sending the Complaint to each of the address shown in the Registrar¿s Whois database for the domain name holder and the technical and administrative contact and to the address supplied for the Billing contact, and

   - by sending the Complaint in electronic form to the respective e-mail addresses, to the postmaster at the domain name and to any address on an active web page to which the domain name resolves, and to any other addresses notified to the sender by Respondent or provided by Complainant.

   The Center sent the Notification of the Complaint and Commencement of the Administrative Procedure, by post, facsimile and by email, to all the addresses shown in the Registrar¿s Whois, as listed for the Respondent Modern Limited ¿ Cayman Islands, on January 23, 2003, April 16, 2003 and June 3, 2003.

   The Panel accepts that in light of the information available WIPO has employed all means reasonably available to achieve notice to the Respondent of the Complaint.

   3.5 Filling a Response

   The Respondent did not submit any response. Accordingly, the Center notified the Respondent¿s default on June 4, 2003.

   3.6 Constitution of the administrative Panel

   The Center appointed Beatrice Onica Jarka as the Sole Panelist in this matter on June 4, 2003. 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 projected decision date is June 18, 2003.

   The Panel finds that, the Administrative Panel was properly constituted and appointed in accordance with the Rules and the Supplemental Rules.

   3.7 Language of the Proceedings

   The Panel considers that, according to paragraph 11 of the Rules, the language of the proceedings is English.

4. Factual Background

   According to its website, "www.sportsmansguide.com," the Complainant is a public company listed on NASDAQ stock exchange, which is in the business of mail order catalog sales. Its first catalog sale was offered to the public in 1977. Since at least 1998, through its website the Complainant has offered online sales services and telephone shop-at-home services, and has provided links to information resources of interest to outdoorsmen. Goods available through Complainant¿s services include clothing, camping gear, hunting and fishing gear and other equipment of interest to the outdoorsman.

   According to its own assertion, the Complainant currently serves over one million customers throughout the world.

   As results from the search performed by the Panel, the Complainant registered the domain name with Network Solutions on May 11, 1996.

   According to the annexes to the Complaint, the Complainant is the owner of four United States federal registrations covering its "THE SPORTSMAN¿S GUIDE" mark:

   · U.S. Reg. No. 1,430,664, for THE SPORTSMAN¿S GUIDE, issued February 24, 1987, covering catalog mail order services;

   · U.S. Reg. No. 1,436,014, for THE SPORTSMAN¿S GUIDE and Design, issued April 7, 1987, covering catalog mail order services;

   · U.S. Reg. No. 2,267,142, for THE SPORTSMAN¿S GUIDE, issued August 3, 1999, covering catalog mail order services, retail store services, and online sales services; and

   · U.S. Reg. No. 2,624,677, for THE SPORTSMAN¿S GUIDE and Design, issued September 24, 2002...