Decisión del Panel Administrativo nº D2019-0909 of WIPO Arbitration and Mediation Center, July 09, 2019 (case Vapro Supply LLC v. Vapor Acquisitions Company, LLC)
| Resolution Date | July 09, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Complaint denied |
| Dominio | Generic Domains |
The Complainant is Vapro Supply LLC, United States of America (“United States”), represented by Chipperson Law Group, P.C., United States.
The Respondent is Vapor Acquisitions Company, LLC, United States, represented by Hall Estill, United States.
The disputed domain name [vaporsupply.com] (the “Domain Name”) is registered with eNom, Inc. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 22, 2019. On April 23, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On April 23, 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 April 30, 2019. In accordance with the Rules, paragraph 5, the due date for Response was May 20, 2019. On May 17, 2019, the Respondent requested an automatic response extension under paragraph 5(b) of the Rules. The Response deadline was extended to May 24, 2019, pursuant to paragraph 5(b) of the Rules. The Response was filed with the Center on May 23, 2019.
The Center appointed W. Scott Blackmer, William R. Towns, and Sally M Abel as panelists in this matter on June 25, 2019. The Panel finds that it was properly constituted. Each member of 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 Complainant is a wholesale distributor of “electronic cigarettes and vapor accessories” based in Austin, Texas, United States. The online database of the Texas Comptroller of Public Accounts shows that the Complainant was registered as a limited liability company with the Texas Secretary of State on February 28, 2014. The Complainant operates a website at “www.vaprosupply.com”, which advertises the Complainant as “the only company in the vapor industry dedicated to wholesale”, shipping e-cigarette products and vapor accessories to retailers throughout the United States and Canada. The parties agree that the Complainant’s domain name was first registered on August 29, 2013. The Complainant states (although without supporting documentation) that its business has been operating since at least October 1, 2013.
The Complainant holds a number of registered VAPRO trademarks, including United States Trademark Registration Number 4964420 for VAPRO as a standard character mark (registered on May 24, 2016) and Registration Number 4964375 for VAPRO in stylized letters (also registered on May 24, 2016). The Complainant also claims common law rights in VAPRO SUPPLY “dating back to at least October 1, 2013” (presumably as a successor in interest, as that date precedes the Complainant’s company registration). The Complainant applied for United States trademark registration of VAPRO SUPPLY as a standard character mark on December 12, 2018, Serial Number 88226861; the application is pending examination.
According to the Registrar, the Domain Name was created on...
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