Decisión del Panel Administrativo nº D2019-2397 of WIPO Arbitration and Mediation Center, November 27, 2019 (case Tommy Bahama Group, Inc. v. Danny L)

• Resolution Date: November 27, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Tommy Bahama Group, Inc. v. Danny L

Case No. D2019-2397

1. The Parties

The Complainant is Tommy Bahama Group, Inc., United States of America (“United States”), represented by Kilpatrick Townsend & Stockton LLP, United States.

The Respondent is Danny L, United States.

2. The Domain Name and Registrar

The disputed domain name [tommybaihama.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 October 2, 2019. On October 2, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 3, 2019, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.

The Center verified that the 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 11, 2019. In accordance with the Rules, paragraph 5, the due date for Response was October 31, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 1, 2019.

The Center appointed Martin Schwimmer as the sole panelist in this matter on November 13, 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.

4. Factual Background

The Complainant, Tommy Bahama Group, Inc., is a retailer and manufacturer of apparel and accessories, owning and making use of the TOMMY BAHAMA trademark (the “Mark”) since 1993 (e.g., United States Registration No. 1802812, registered on November 2, 1993). It operates approximately 190 stores and 17 restaurants throughout the world. The Respondent registered the disputed domain name [tommybaihama.com] on August 16, 2019, which resolves to a parking page...