WIPO Domain Name Decision D2018-1889 for huntbrotherspizza.online
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Hunt Family Properties, LLC v. Larry Lee, Phoenix Success Systems Case No. D2018-1889 1. The Parties
Complainant is Hunt Family Properties, LLC of Nashville, Tennessee, United States of America (“United States”), represented by Waller Lansden Dortch & Davis, LLP, United States.
Respondent is Larry Lee, Phoenix Success Systems of Blaine, Washington, United States. 2. The Domain Name and Registrar
The disputed domain name, , is registered with GoD, LLC (“Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (“Center”) on August 17, 2018. On August 20, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 21, 2018, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing contact and other information.
The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (“Policy”), the Rules for the Policy (“Rules”), and the WIPO Supplemental Rules for the Policy (“Supplemental Rules”). In accordance with the Rules, paragraphs 2 and 4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on August 28, 2018. In accordance with the Rules, paragraph 5, the due date for Response was September 17, 2018.
On August 30, 2018, and September 7, 2018, the Center received email communications from Respondent; the first stated that the domain would be disabled within 10 days and the second stated that the disputed domain name had been “deactivated” and offering to transfer it to Complainant. On September 19, 2018, the Center informed the Parties that it would commence the panel appointment process.
The Center appointed Debra J. Stanek as the sole panelist in this matter on September 26, 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
Complainant makes and distributes pizza in the United States. Complainant owns several United States federal trademark registrations for HUNT BROTHERS and HUNT BROTHERS PIZZA marks for pizza, wholesale distribution services featuring pizza, and other foods. The earliest registration for HUNT BROTHERS (United States Reg. No. 2897863) issued October 26, 2004 and the earliest registration for a HUNT BROTHERS PIZZA design mark (United States Reg. No. 2907057) issued November 30, 2004. Complainant also owns the domain name , from which it has operated its website since 2002 and owns other similar “Hunt Brothers” domain names.
About May 14, 2018, Respondent registered , currently used in connection with a website that is not active. Currently, it contains a link to Complainant’s website and offers to transfer the domain name to Complainant. Prior to that time, the website displayed a HUNT BROTHERS PIZZA design mark and offered a “fan club” and a “membership” offering free pizza and book to visitors who registered by providing their name, address, email address, and other information. 5. Parties’ Contentions A. Complainant A. Identical or Confusingly Similar
Complainant has established common law trademark rights in HUNT BROTHERS PIZZA since 2004. In addition, Complainant owns United States trademark registrations for HUNT BROTHERS and HUNT BROTHERS PIZZA as well as a number of domain names that include variations on the terms “hu