WIPO Domain Name Decision D2018-1204 for endclothingco.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Ashworth and Parker Limited v. Domains By Proxy, LLC / Omar Maya Case No. D2018-1204 1. The Parties
The Complainant is Ashworth and Parker Limited of Newcastle upon Tyne, United Kingdom of Great Britain and Northern Ireland (“United Kingdom”), represented by Urquhart-Dykes & Lord, LLP. United Kingdom.
The Respondent is Domains By Proxy, LLC of Scottsdale, Arizona, United States of America (“United States”) / Omar Maya of Houston, Texas, United States. 2. The Domain Name and Registrar
The disputed domain name is registered with GoD, LLC (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 30, 2018. On May 30, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 31, 2018, 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 June 1, 2018 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 June 5, 2018.
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 June 6, 2018. In accordance with the Rules, paragraph 5, the due date for Response was June 26, 2018. An email was received from the Respondent on June 1, 2018, however no formal Response was filed with the Center.
The Center appointed Alistair Payne as the sole panelist in this matter on July 13, 2018. 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 an online global retailer of contemporary menswear. It was formed in 2005 and has operated from a website at the domain name since 2006 and also operates 2 retail stores in the United Kingdom. The Complainant’s business trades under the name or mark “End Clothing” and it owns European Union (“EU”) trade mark registration 12130051 for the mark END filed on September 11, 2013 and registered on April 12, 2015 and United States trade mark registration number 4906953 filed on March 10, 2014 and registered on March 1, 2016.
The disputed domain name was registered on April 6, 2018 and resolves to a website selling clothing under the trade mark END. 5. Parties’ Contentions A. Complainant
The Complainant submits that the disputed domain name consists of the trade mark END in its entirety in addition to the suffix “clothing” and the abbreviation “co” for company. The Complainant says that the addition of the word “clothing” is entirely descriptive of the goods sold on both the Complainant’s website and the website at the disputed domain name and that these suffixes are not sufficient to exclude a finding that the disputed domain name is confusingly similar to the Complainant’s END mark.
The Complainant submits that the Respondent has no business or other relationship with it and that the Complainant has not consented to the registration of the disputed domain name. It says further that the disputed domain name was registered four years after the priority date of the Complainant’s United States trade mark registration and over 12 years after the Complainant commenced selling clothing under its domain names containing the expression “end clothing”.
As far as bad faith is concerned, the Complainant notes that the Respondent must have been aware of its business and use of the trade mark END as the Respondent includes a note at the end of the FAQ section of its website as follows:
“Endclothingco and END Clothing are NOT the same company. We are not affiliated or the sa