Decisión del Panel Administrativo nº D2009-0056 of WIPO Arbitration and Mediation Center, April 30, 2009 (case The Trustees of Princeton University v. Princeton Premie)
| Judge | John E. Kidd |
| Resolution Date | April 30, 2009 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Complaint denied |
| Dominio | Generic Domains |
1. The Parties
Complainant is The Trustees of Princeton University of Princeton, New Jersey, United States of America, represented by Fox Rothschild LLP, United States of America.
Respondent is Princeton Premier of Astoria, New York, United States of America, represented by Acquista & Associates, PC, United States of America.
2. The Domain Name and Registrar
The disputed domain name [princetonpremier.com] is registered with GoDaddy.com Inc.
3. Procedural History
Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 15, 2009. On January 16, 2009, the Center transmitted by email to GoDaddy.com Inc. a request for registrar verification in connection with the disputed domain name. On January 16, 2009, GoDaddy.com Inc. transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details disclosing registrant and contact information for the disputed domain name and advising that the disputed domain name expires on February 12, 2009. On January 23, 2009, GoDaddy.com Inc. confirmed that the disputed domain name would remain locked during the pending administrative proceedings at the Center. 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on January 23, 2009. In accordance with the Rules, Paragraph 5(a), the Response due date was February 12, 2009. The Response was filed with the Center on February 12, 2009.
The Center appointed John E. Kidd as the sole panelist in this matter on February 18, 2009. 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.
On February 18, 2009, the Respondent asked permission to supplement its Response by forwarding a copy of the Registry Book that Complainant finds offensive. On February 19, 2009, the Center advised the Respondent that there is no explicit provision under the Policy, the Rules or the Supplemental Rules for supplemental filings, however it would advise the Panel of the Respondent’s request, and it would be at the Panel’s discretion to consider such request. The Panel after reviewing the record, decided on February 27, 2009, to allow the parties to supplement their records, so that a more complete record was available to the Panel. The Respondent was advised that it could submit its Registry Book and Complainant was invited to submit any reply it may have of relevance to the content of the Book. The date of the Panel’s decision was then extended to March 16, 2009. Respondent submitted its Registry Book and Complainant submitted a Reply. On March 13, 2009, Respondent then asked permission to respond to Complainant’s Reply. On March 23, 2009, the Panel authorized a further supplemental filing by Respondent, limited, however, to only matters raised by Complainant in its Reply and extended the date of the Panel’s decision to April 3, 2009.
4. Factual Background
Complainant is The Trustees of Princeton University, a well-known educational institute located in Princeton, New Jersey. Complainant registered the name PRINCETON as a trademark in 1993 and again in 1999, as well as the name PRINCETON UNIVERSITY in 1986 and 1988.
Complainant has also registered as trademarks four (4) other marks that incorporate as a component of the marks the name “Princeton”. Complainant for Internet purposes uses the domain name [princeton.edu]
Respondent does business as Princeton Premier and claims to own and operate an interactive online business network and website using that name where business leaders and professionals throughout the world are recognized. Princeton Premier is also a publisher...
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