Decisión del Panel Administrativo nº D2003-1051 of WIPO Arbitration and Mediation Center, March 22, 2004 (case Wal-Mart Stores, Inc. v. Steve Powers)

• Resolution Date: March 22, 2004
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Domain Name Decision: D2003-1051

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WIPO Arbitration and

Mediation Center

ADMINISTRATIVE PANEL

DECISION

Wal-Mart Stores, Inc. v. Steve Powers

Case No. D2003-10`511

1. The Parties

The Complainant in this proceeding is Wal-Mart Stores, Inc. of Bentonville, Arkansas, United States of America ("Complainant").

The Respondent is Steve Powers of Wichita, Kansas, United States of America ("Respondent").

2. The Domain Name and Registrar

The domain name in issue is [1-800-walmart.com] ("Domain Name") and is registered with Intercosmos Media Group d/b/a directNIC.com. ("Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on December 31, 2003, by e-mail with hard copies received by the Center on January 6, 2004. On January 6, 2004, the Center transmitted by e-mail to the Registrar a request for registrar verification in connection with the Domain Name. On January 7, 2004, the Registrar transmitted by e-mail to the Center its verification response confirming that the Respondent is listed as the registrant for the Domain Name. On January 13, 2004, the Center sent a further e-mail to the Registrar noting that the Domain Name was set to expire prior to the conclusion of this proceeding (i.e., January 28, 2004) and requested confirmation that the Domain Name would be placed on registrar lock until the proceeding was concluded. On January 13, 2004, the Registrar responded to the Center’s email indicating that the Domain Name would only remain on registrar lock for 40 days after the expiration of the Domain Name, if no one renewed the Domain Name registration. The Registrar further indicated that they themselves were unable to renew the registration and that the current owner would have to renew it. If after 40 days, no one renewed the Domain Name, it would then be released into the redemption period for expired domain names. On January 14, 2004, the Center informed the parties that the Registrar had advised the Center that the Domain Name would expire on January 28, 2004, that the parties should contact the Registrar if they had questions concerning the expiration or renewal of the Domain Name registration and that the Center would continue the proceeding unless the Center received instructions otherwise from the parties. On January 14, 2004, 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), and having received no notice from the parties that the proceeding should not continue, the Center formally notified the Respondent of the Complaint and the commencement of the proceeding on January 14, 2004. In accordance with the Rules, paragraph 5(a), the due date for submitting a Response was February 3, 2004. The Respondent failed to submit a response with respect to this proceeding by the February 3 deadline. On February 11, 2004, the Center sent a "Notification of Respondent Default" to the parties with respect to this default.

On February 27, 2004, the Center invited the undersigned Panelist to serve as a single member panel in this proceeding. The Panel...