{"id":30912,"date":"2021-07-14T21:59:23","date_gmt":"2021-07-14T18:59:23","guid":{"rendered":"https:\/\/gibq-eg.com\/?p=30912"},"modified":"2021-07-14T22:39:45","modified_gmt":"2021-07-14T19:39:45","slug":"wipo-arbitration-and-mediation-center-complainant-33","status":"publish","type":"post","link":"https:\/\/gibq-eg.com\/?p=30912","title":{"rendered":"WIPO Arbitration and Mediation Center. Complainant is Winchester Consultancy Limited, great britain, represented by Adlex Solicitors, United Kingdom."},"content":{"rendered":"<p><title>WIPO Arbitration and Mediation Center. Complainant is Winchester Consultancy Limited, great britain, represented by Adlex Solicitors, United Kingdom.<\/title><\/p>\n<h2>ADMINISTRATIVE PANEL CHOICE<\/h2>\n<h2>Winchester Consultancy Limited v. Pony Taylor<\/h2>\n<h2>Case No. D2019-1637<\/h2>\n<h2>1. The Events<\/h2>\n<p>Respondent is Pony Taylor, Asia.<\/p>\n<h2>2. The Domain Name and Registrar<\/h2>\n<p>The domain that is disputed (the \u0432\u0402\u045aDomain Name\u0432\u0402\u045c) is registered with GoDaddy.com, LLC (the \u0432\u0402\u045aRegistrar\u0432\u0402\u045c).<\/p>\n<h2>3. Procedural History<\/h2>\n<p>The Complaint was filed using the WIPO Arbitration and Mediation Center (the \u0432\u0402\u045aCenter\u0432\u0402\u045c) on July 11, 2019. A request for registrar verification in connection with the Domain Name on July 11, 2019, the Center transmitted by email to the Registrar. On 12, 2019, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details july.<\/p>\n<p>The Center verified that the Complaint satisfied the formal needs of this Uniform website name Dispute Resolution Policy (the \u0432\u0402\u045aPolicy\u0432\u0402\u045c or \u0432\u0402\u045aUDRP\u0432\u0402\u045c), the guidelines for Uniform Domain Name Dispute Resolution Policy (the \u0432\u0402\u045aRules\u0432\u0402\u045c), as well as the WIPO Supplemental Rules for Uniform website <a href=\"https:\/\/hookupdate.net\/heatedaffairs-review\/\">www.hookupdate.net\/heatedaffairs-review<\/a> name Dispute Resolution Policy (the Rules\u0432\u0402\u045c that is\u0432\u0402\u045aSupplemental).<\/p>\n<p>Relative to the guidelines, paragraphs 2 and 4, the guts formally notified Respondent for the Complaint, in addition to proceedings commenced on July 18, 2019. Prior to the guidelines, paragraph 5, the deadline for reaction ended up being August 7, 2019. Respondent failed to submit any reaction. Appropriately, the Center notified Respondent\u0432\u0402\u2122s standard on August 13, 2019.<\/p>\n<p>The middle appointed Harrie R. Samaras once the single panelist in this matter on August 19, 2019.<!--more--> The Panel discovers it was properly constituted. The Panel has submitted the Statement of recognition and Declaration of Impartiality and Independence, as needed because of the Center to make sure conformity because of the Rules, paragraph 7.<\/p>\n<p>On 4, 2019, the Center issued Administrative Panel Procedural Order No. 1 september. The Panel requested clarification regarding certain background information Complainant provided in its Complaint in that Order. Complainant reacted in due time regarding the exact same time. Respondent ended up being supplied a chance to react however the Center would not get any reaction from Respondent.<\/p>\n<h2>4. Factual Background<\/h2>\n<p>Complainant ended up being included on 12, 2002 july. On November 24, 2008, Complainant acquired the assets of a \u0432\u0402\u045aswingers\u0432\u0402\u045c business (described as \u0432\u0402\u045aa web-based introduction agency and marketing business\u0432\u0402\u045c) which traded underneath the name \u0432\u0402\u045aFabswingers\u0432\u0402\u045c since 2006. Complainant continues to trade under that true name, making use of a website at \u0432\u0402\u045awww.fabswingers.com\u0432\u0402\u045c. That domain title had been registered on 1, 2006 september. The internet site premiered on September 23, 2006. The internet site provides \u0432\u0402\u045aswinging\u0432\u0402\u045c services for adults. Between June 2007 and July 2013 there have been over 337 million visits by over 73 million unique people to Complainant\u0432\u0402\u2122s site. In June 2013 alone there were over 12.5 million visits into the Complainant\u0432\u0402\u2122s site.<\/p>\n<p>Complainant has the following registered trademarks for FABSWINGERS (the \u0432\u0402\u045aMark\u0432\u0402\u045c): great britain Trademark No. 2582868 (registered on December 25, 2009); united states Trademark Registration No 4033771 (registered October 4, 2011); European Union Trademark No. 13640271 (registered might 11, 2015); and Australian Trademark No. 1385021 (registered June 23, 2011).<\/p>\n<p>Respondent registered the website name on March 8, 2019. At the time of July 11, 2019, there was clearly an internet site from the Domain Name offering \u0432\u0402\u045aswinging\u0432\u0402\u045c services.<\/p>\n<p>Complainant\u0432\u0402\u2122s solicitor delivered a cease and desist communication by e-mail to Respondent on 6, 2019 to which no response was received june.<\/p>\n<h2>5. Events\u0432\u0402\u2122 Contentions<\/h2>\n<h4>A. Complainant<\/h4>\n<p>The services that Respondent offers compete with those of Complainant. Respondent\u0432\u0402\u2122s internet site is trying to impersonate Complainant. This content associated with true webpage happens to be made to provide the impression that it&#8217;s operated by Complainant. The term \u0432\u0402\u045aFabswingers\u0432\u0402\u045c (using a capital \u0432\u0402\u045aF\u0432\u0402\u045c at the start of the expressed word\u0432\u0402\u045aFabswingers\u0432\u0402\u045c) appears prominently, in several places, as a trading\/brand title regarding the homepage. As an example: \u0432\u0402\u045aFabswingers may be the shop that is one-stop, \u0432\u0402\u045aPros of FabSwingers\u0432\u0402\u045c. Complainant\u0432\u0402\u2122s very own internet site, \u0432\u0402\u045awww.fabswingers.com\u0432\u0402\u045c, is described twice from the webpage as though it had been Respondent\u0432\u0402\u2122s site, including a section of the property web page specialized in Complainant\u0432\u0402\u2122s web site beneath the going \u0432\u0402\u045aA brief history about fabswingers.com\u0432\u0402\u045c. The written text that appears underneath this heading defines Complainant\u0432\u0402\u2122s site as \u0432\u0402\u045athis famous site for swingers\u0432\u0402\u045c and offers data for Complainant\u0432\u0402\u2122s site and details how exactly to utilize Complainant\u0432\u0402\u2122s site.<\/p>\n<p>The \u0432\u0402\u045aFabSwingers\u0432\u0402\u045c link that seems when you look at the \u0432\u0402\u045a\u0432\u0402\u00a6history of fabswingers.com\u0432\u0402\u045c area takes the consumer back again to Respondent\u0432\u0402\u2122s website. Moreover, the \u0432\u0402\u045aRegister Now\u0432\u0402\u045c and \u0432\u0402\u045aGet Started Now\u0432\u0402\u045c buttons that show up on the house web page website link to competitor online adult websites that are dating.<\/p>\n<p>Complainant depends on its subscribed trademarks to establish liberties into the Mark. Complainant additionally depends on common legislation rights by virtue of the trading that is extensive and tasks. Complainant has obtained significant reputation and goodwill when you look at the Mark so that it is identified by the general public as distinctive of Complainant\u0432\u0402\u2122s adult introduction and moving internet business. The website name is identical towards the Mark disregarding the domain suffix.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>WIPO Arbitration and Mediation Center. Complainant is Winchester Consultancy Limited, great britain, represented by Adlex Solicitors, United Kingdom. ADMINISTRATIVE PANEL CHOICE Winchester Consultancy Limited v. Pony Taylor Case No. D2019-1637 1. The Events Respondent is Pony Taylor, Asia. 2. The&hellip;<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"post_series":[],"_links":{"self":[{"href":"https:\/\/gibq-eg.com\/index.php?rest_route=\/wp\/v2\/posts\/30912"}],"collection":[{"href":"https:\/\/gibq-eg.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gibq-eg.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gibq-eg.com\/index.php?rest_route=\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/gibq-eg.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=30912"}],"version-history":[{"count":0,"href":"https:\/\/gibq-eg.com\/index.php?rest_route=\/wp\/v2\/posts\/30912\/revisions"}],"wp:attachment":[{"href":"https:\/\/gibq-eg.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30912"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gibq-eg.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30912"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gibq-eg.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30912"},{"taxonomy":"post_series","embeddable":true,"href":"https:\/\/gibq-eg.com\/index.php?rest_route=%2Fwp%2Fv2%2Fpost_series&post=30912"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}