WIPO Domain Name Decision D2018-1652 for petplantoday.online
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Pet Plan Ltd v. WhoisGuard Protected, WhoisGuard Inc. / Marilynn Ellen Case No. D2018-1652 1. The Parties
The Complainant is Pet Plan Ltd of Guildford, Surrey, United Kingdom of Great Britain and Northern Ireland ("United Kingdom"), represented by CSC Digital Brand Services Group AB, Sweden.
The Respondent is WhoisGuard Protected, WhoisGuard Inc. of Panama, Panama / Marilynn Ellen of Jersey City, New Jersey, Afghanistan. 2. The Domain Name and Registrar
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 23, 2018. On July 23, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 23, 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 July 27, 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 July 27, 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 July 30, 2018. In accordance with the Rules, paragraph 5, the due date for Response was August 19, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on August 20, 2018.
The Center appointed Edoardo Fano as the sole panelist in this matter on August 23, 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.
The Panel has not received any requests from the Complainant or the Respondent regarding further submissions, waivers or extensions of deadlines, and the Panel has not found it necessary to request any further information from the Parties.
Having reviewed the communication records in the case file provided by the Center, the Panel finds that the Center has discharged its responsibility under the Rules, paragraph 2(a), "to employ reasonably available means calculated to achieve actual notice to Respondent". Therefore, the Panel shall issue its Decision based upon the Complaint, the Policy, the Rules and the Supplemental Rules and without the benefit of a response from the Respondent.
The language of the proceeding is English, being the language of the Registration Agreement, as per paragraph 11(a) of the Rules. 4. Factual Background
The Complainant is Pet Plan Ltd, a United Kingdom company providing insurance for pets and pet care professionals as well as a pet finding service, both in United Kingdom and in other countries from 1976, owning several trademark registrations for PETPLAN, among which:
- United Kingdom Trademark Registration No. 2052294 for PETPLAN, registered on January 17, 1997;
- European Union Trademark Registration No. 000328492 for PETPLAN, registered on October 16, 2000;
- United States of America Trademark Registration No. 3161569 for PETPLAN, registered on October 24, 2006.
The Complainant operates in Internet at several websites, among which "" and "".
The Complainant provided evidence in support of the above.
The disputed domain name was registered on March 2, 2018, according to the WhoIs records, and when the Complaint was filed it pointed to a web page providing pet insurance coverage.
The Complainant wrote to the Respondent three cease and desist letters on April 13 and 23, and on May 3, 2018 but received no response. 5. Parties' Contentions A. Complainant
The Complainant states that the disputed domain name is confusingly similar to its trademark PETPLAN, as the word "today" is descriptive and not distinctive.
Moreover, the Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name since it has not been authorized by the Complainant to register the disputed domain name or to use its trademark within the disputed domain name, nor is the Respondent commonly known by the disputed domain name. The Complainant asserts the Respondent is not makin