Decisión del Panel Administrativo nº D2020-1825 of WIPO Arbitration and Mediation Center, September 11, 2020 (case Wynn Resorts Holdings, LLC v. WhoisGuard, Inc., WhoisGuard Protected / Tan Chin howe)

• Resolution Date: September 11, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Wynn Resorts Holdings, LLC v. WhoisGuard, Inc., WhoisGuard Protected / Tan Chin howe

Case No. D2020-1825

1. The Parties

The Complainant is Wynn Resorts Holdings, LLC, United States of America (“United States” or “USA”), represented by Mayer Brown LLP, Hong Kong, China.

The Respondent is WhoisGuard, Inc., WhoisGuard Protected, Panama / Tan Chin howe, Cambodia.

2. The Domain Name and Registrar

The disputed domain name [k9wynn.com] (the “Disputed Domain Name”) is registered with NameCheap, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 13, 2020. On July 13, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On July 14, 2020, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on July 15, 2020 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on July 16, 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 the Respondent of the Complaint, and the proceedings commenced on July 23, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 12, 2020. The Respondent sent an email to the Center on July 16, 2020. On July 21, 2020, the Complainant sent an email to the Center regarding its communication with the Respondent on July 16, 2020. The Center notified the Parties it would proceed to Panel Appointment on August 13, 2020. On August 19, 2020, due to an apparent issue with the notification, the Center granted the Respondent a five day period (to August 23, 2020) in which to indicate whether it wished to participate in this proceeding. However, the Center did not hear anything from the Respondent within this period.

The Center appointed Nick J. Gardner as the sole panelist in this matter on August 28, 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

The Complainant is a limited liability company established in Nevada, USA. The Complainant is a wholly-owned subsidiary of Wynn Resorts, Limited (“Wynn Resorts”). Wynn Resorts, together with the Complainant and Wynn Resorts’ other subsidiaries (the “Complainant’s Group”) are designers, developers and operators of integrated resorts. The Complainant Group’s integrated resort business model integrates luxury hotel rooms, high-end retail outlets, dining and entertainment options, meeting space and gaming. Wynn Resorts has been listed on the Nasdaq Stock Exchange since 2002 and included as part of the...