WIPO Domain Name Decision D2018-2374 for shiippco.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Shipco Transport Inc. v. WhoIsGuard, Inc. / Joel Kelvin Case No. D2018-2374 1. The Parties
The Complainant is Shipco Transport Inc. of Chatham, New Jersey, United States of America (“United States”), represented internally.
The Respondent is WhoIsGuard, Inc. of Panama, Panama / Joel Kelvin of Abuja, Nigeria. 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 October 17, 2018. On October 18, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 18, 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 October 22, 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 October 22, 2018. Following a request for clarification from the Center, the Complainant filed a second amended Complaint on October 24, 2018.
The Center verified that the Complaint together with the two amended Complaints 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 October 30, 2018. In accordance with the Rules, paragraph 5, the due date for Response was November 19, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 20, 2018.
The Center appointed James Bridgeman as the sole panelist in this matter on November 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.
On December 5, 2018, the Panel issued Procedural Order No. 1 wherein the Complainant was requested to submit appropriate documentary evidence corroborating the claims about the intercepted email exchange and the registration and ownership of its trademark by December 8, 2018. The Respondent was given an opportunity to make submissions solely in relation to any additional evidence adduced by the Complainant in response to the Procedural Order, by no later than December 10, 2018. It further provided in accordance with paragraph 10(c) of the Rules, that the date by which the Administrative Panel is required to forward its decision to the Center has been extended to December 15, 2018.
On December 5, 2018, the Complainant furnished further evidence in response to Procedural Order No. 1. No submissions were received from the Respondent. 4. Factual Background
The Complainant and members of its group of companies, provide international transport and logistics services. The Complainant is the owner of a number of service mark registrations for the SHIPCO and SHOPCO TRANSPORT marks including:
European Union Trade Mark (“EUTM”) SHIPCO, registration number 0008127151 registered on October 15, 2009 for services in class 39 namely “transport, packaging and storage of goods, travel arrangements.”
United States registered trademark SHIPCO TRANSPORT, registration number 3109289, registered on June 27, 2006 for services, in international class 39.
The Complainant has also owned the domain name since February 18, 1998 and hosts a website at “www.”.
In the absence of any Response or other communication from the Respondent, the only information available about the Respondent is that which is provided in the Complaint and the registration details provided by the Registrar in response to an enquiry from the Centre. According to the information held by the Registrar the registrant is the Respondent Joel Kelvin with an address in Abuja, Nigeria.
The disputed domain name was created on April 24, 2018 using the privacy service WhoIsGuard Inc. 5. Parties’ Contentions A. Complainant
The Complainant claims rights in the SHIPCO and SHIPCO TRANSPORT marks through its above-mentioned service mark registrations and its use of the marks in its international logistics and transport business which it carries out through its group of companies.
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