Decisión del Panel Administrativo nº D2001-0176 of WIPO Arbitration and Mediation Center, April 03, 2001 (case vs. Dilworth Mattress and Ivenue.com, Inc.)

• Judge: Timothy D. Casey
• Resolution Date: April 03, 2001
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Original Mattress Company, Inc., and The Original Mattress Factory, Inc. v. Dilworth Mattress and Ivenue.com, Inc.

Case No. D2001-0176

1. The Parties

   The Complainants are The Original Mattress Factory, Inc., and Original Mattress Company, Inc. both Ohio corporations whose principal place of business is 4390 State Road, Cleveland, Ohio 44134. The Complainants are represented by W. Joseph Melnik and Jeremy Gilman of Benesch, Friedlander, Coplan & Aronoff LLP of 2300 BP Tower 200 Public Square, Cleveland, Ohio 44114-2378, USA.

   The Respondents are Dilworth Mattress ("Dilworth"), a South Carolina corporation, whose principal place of business is 242 West Tremont Ave., Charlotte, North Carolina 28203, USA and Ivenue.com, Inc. ("Ivenue"), whose principal place of business is 13115 Barton Road, Suite A, Whittier, California 90605, USA.

2. The Domain Names and Registrars

   The domain names at issue are "originalmatress.com" and "originalmattressco.com." The Registrant of the domain name "originalmatress.com" is Ivenue. The Registrar of the domain name "originalmatress.com" is All West Communications, Inc. d/b/a AW Registry of AW Registry Services, 50 West Main Street, Kamas, Utah 84036-0588, USA. The Registrant of the domain name "originalmattressco.com" is Dilworth. The Registrar of the domain name "originalmattressco.com" is Network Solutions, Inc. of 505 Huntmar Park Drive, Herndon, Virginia 20170, USA.

3. Procedural History

   The complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on February 1, 2001, and assigned the case number D2001-0176.

   On February 8, 2001, the Complainants were notified of a deficiency in their complaint because, in its Registration Agreement, the Respondents had not submitted to the jurisdiction at the location of the principal office of the Registrar for adjudication of disputes concerning or arising from the use of the domain name "originalmattressco.com" in accordance with Paragraph 3(b)(xiii) of the Rules for Uniform Domain Name Dispute Resolution ("Rules").

   On February 12, 2001, the Complainants corrected the deficiency by submitting a Statement of Consent to Mutual Jurisdiction. Pursuant to Para. 2(h)(iii) of the Rules, the Complainants served a copy of the Statement of Consent to Mutual Jurisdiction upon the Respondents by email and courier. WIPO verified that the Complainants satisfied the formal requirements of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Policy"), Rules, and the WIPO Supplemental Rules for Uniform Dispute Resolution Policy (the "Supplemental Rules"), in accordance with paragraph 4(a) of the Policy, and paragraph 5 of the Supplemental Rules. The Administrative Panelist ( the "Panelist") is satisfied that the complaint has met the requirements of the Policy, Rules and Supplemental Rules.

   Notification of the complaint and the commencement of the administrative proceedings were delivered to the Respondents electronically by notice dated February 13, 2001. The hard copy of the document was also transmitted by courier and the Panelist has seen the courier receipt. The Panelist is satisfied that the complaint satisfied the Rules and the Supplemental Rules with regard to notification. No response was received by the expiry of the twenty-day deadline of March 4, 2001...