Decisión del Panel Administrativo nº D2020-1951 of WIPO Arbitration and Mediation Center, September 08, 2020 (case Tyson Foods, Inc. v. Work Institute, workinstitutetof)

• Resolution Date: September 08, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Tyson Foods, Inc. v. Work Institute, workinstitutetof

Case No. D2020-1951

1. The Parties

Complainant is Tyson Foods, Inc., United States of America (“United States”), represented by Loeb & Loeb, LLP, United States.

Respondent is Work Institute, workinstitutetof, United States.

2. The Domain Name and Registrar

The Disputed Domain Name [tysonfoodservices.com] is registered with OwnRegistrar, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 25, 2020. On July 27, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On July 28, 2020, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amendment to the Complaint on July 31, 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 Respondent of the Complaint, and the proceedings commenced on August 4, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 24, 2020. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on August 25, 2020.

The Center appointed Richard W. Page as the sole panelist in this matter on August 31, 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

Complainant is one of the largest food production companies in the world. Complainant had more than USD 42 billion in sales in 2019, is a member of the S&P 500, and has more than 141,000 employees at facilities and offices in the United States and around the world.

Complainant’s history dates back to 1935. Complainant is operating and has operated its business under the name “Tyson Foods” for decades. Complainant has operated it business under the “Tyson Foods” name as a publicly traded company since 1963.

Complaint has been using the TYSON trademark in connection with its food products since as early as 1958. Complainant has expanded is use of TYSON trademark and other marks incorporating TYSON to various foods products and to related products and services. The TYSON Marks shall be collectively referred to herein as the “Marks”.

Complainant has spent significant sums advertising and promoting the Marks.

Complainant owns numerous registrations of the Marks in the United States and in many foreign jurisdictions, including, but not limited to, Canada and the United States. See, for example, United States Registration No. 1,205,623, registered August 17, 1982, and United States Registration No. 5,776,218, registered June 11, 2019. These registrations are valid, subsisting and in full force and effect. Most of the United States registrations have...