Decisión del Panel Administrativo nº D2003-0997 of WIPO Arbitration and Mediation Center, February 23, 2004 (case Tremco Incorporated vs. IA Consulting, Inc)

• Judge: Manuel Moreno-Torres
• Resolution Date: February 23, 2004
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Tremco Incorporated v. IA Consulting, Inc.

Case No. D2003-0997

1. The Parties

   The Complainant is Tremco Incorporated, Beachwood, Ohio, United States of America, represented by Calfee, Halter & Griswold, United States of America.

   The Respondent is IA Consulting, Inc., C/O Yen Chun, Li., Taipei, Taiwan, Province of China.

2. The Domain Name and Registrar

   The disputed domain name is registered with eNom.

3. Procedural History

   The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on December 16, 2003.

   On December 17, 2003, the Center transmitted by email to eNom a request for registrar verification in connection with the domain name at issue. eNom failed to submit a verification response. Therefore, the Center made a Whois printout on December 30, 2003, which showed that the disputed domain name was registered with eNom, and that the Respondent, IA Consulting, Inc., was the current registrant of the disputed domain name. The Panel would like to remind the Registrar of the importance of providing a verification response so that the Center can ascertain the contact information of the Respondent and provide appropriate notice and furthermore to ensure that the domain name registration remains locked during the UDRP proceedings.

   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").

   In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on December 30, 2003. In accordance with the Rules, paragraph 5(a), the due date for Response was January 19, 2004. The Respondent did not submit any response. Accordingly, the Center notified the Respondent?s default on January 28, 2004.

   The Center appointed Manuel Moreno-Torres as the sole panelist in this matter on February 9, 2004. 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 is a United States company located in Ohio and since 1930, has had extensive and long-standing rights in TREMCO mark, including registrations in United States, Canada, Europe and Asia. From the evidence submitted by the Complainant, as annexes to the complaint, TREMCO INCORPORATED owns eighty-four (84) trademark applications and registration, all referred to Tremco.

   The Respondent is the current registrant of the disputed domain name. The website to which the domain name resolves, displayed...