WIPO Domain Name Decision D2018-1901 for erieicedamremovalguys.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Palumbo Services, Inc. v. Kyle Brink, Brink Roofing Case No. D2018-1901 1. The Parties
The Complainant is Palumbo Services, Inc. of Forest Lake, Minnesota, United States of America (“United States”), represented by Westman, Champlin & Koehler, P.A., United States.
The Respondent is Kyle Brink, Brink Roofing of Erie, Pennsylvania, United States. 2. The Domain Name and Registrar
The disputed domain name (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 August 21, 2018. On August 22, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On August 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 September 4, 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 amendment to the Complaint on September 5, 2018.
The Center verified that the Complaint together with the amendment to the 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 September 14, 2018. In accordance with the Rules, paragraph 5, the due date for Response was October 4, 2018. The Respondent did not submit a Response. Accordingly, the Center notified the Respondent’s default on October 5, 2018. On October 5, 2018, the Center received an email communication from the Respondent, in response to which the Center sent an email communication, inviting the parties to explore settlement negotiations and suspend the proceedings. No reply to the Center’s email communication was received.
The Center appointed Lynda M. Braun as the sole panelist in this matter on October 25, 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 a provider of steam-based snow and ice removal services on roofs and other building structures. The Complainant provides these services in many parts of the United States, especially those that experience icy winters. Moreover, the Complainant has an Internet presence and maintains favorable ratings on review websites.
The Complainant is the owner of the United States service mark registrations ICE DAM REMOVAL GUYS, United States Registration No. 4,922,592, and ICE DAM GUYS, United States Registration No. 4,922,589 (both registered on March 22, 2016) (hereinafter referred to as the “ICE DAM Marks”). The ICE DAM Marks have been used continuously since November 2009 and February 2012, respectively, in International Class 37 in connection with services for snow and ice abatement from roofs and building structures.
The Complainant also owns the domain names and that incorporate its ICE DAM Marks. The Complainant registered the domain name on January 23, 2010 and the domain name on January 26, 2010. These domain names resolve to the Complainant’s official website, “www.”, which provides information about the Complainant’s ice removal services, and includes contact information for the Complainant.
The Respondent registered the Disputed Domain Name on May 30, 2018. The Disputed Domain Name initially resolved or was redirected to the Respondent’s social media postings on its Twitter account, “@erieroofers”, on which it advertised its snow and ice removal services. As of the writing of this Decision, the Disputed Domain Name no longer resolves to an active website. 5. Parties’ Contentions A. Complainant
The contentions made by the Complainant are as follows:
- The Disputed Domain Name is identical or confusingly similar to service marks in which the Complainant has rights.
- The Respondent has no rights or legitimate interests in respect of the Disputed Domain Name.
- The Respondent registered and is using the Disputed Domain Name in bad faith.
- The Complainant requests that be transferred in accordance with Paragraph 4(i) of the Policy. B. Respondent
The Respondent did not submit a substantive reply to the Complainant’s contentions. In its email communication of October 5, 2018, the Respondent stated “Hello, I don’t agree with their claim about the domain, but my attorney emailed them that I’ll unregister the domain but it seems that it is locked by you guys. It won’t let me delete it from my account”. 6. Discussion and Findings
Despite the Respondent’s apparent consent to remedy, the Complainant elected not to enter into settlement negotiations with the Respondent. For the sake of completeness, the Panel has determined it appropriate to proceed to a deci