The Complainant is Artemis Marketing Corp. of Seffner, Florida, United States of America ("United States"), represented by Bryan Cave Leighton Paisner LLP, United States.
The Respondents are ICS INC. and ORM LTD, both of Grand Cayman, Cayman Islands, Overseas Territory of the United Kingdom of Great Britain and Northern Ireland.1 2. The Domain Names and Registrar
The disputed domain names , , , , , and are registered with Tucows Inc. (the "Registrar"). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on July 13, 2018. On the same day, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On the same day, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain names which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on July 20, 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 25, 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 Respondents of the Complaint, and the proceedings commenced on July 27, 2018. In accordance with the Rules, paragraph 5, the due date for Response was August 16, 2018. The Respondents did not submit any response. Accordingly, the Center notified the Respondents' default on August 17, 2018.
The Center appointed Matthew Kennedy as the sole panelist in this matter on August 28, 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 was founded in 1991 and, through its licensees, operates retail furniture stores and sells furniture throughout the United States and on the Internet. The Complainant owns trademark registrations for ROOMS TO GO, including United States Patent and Trademark Office trademark registrations number 1,756,239, issued March 2, 1993, specifying retail furniture store services in international class 42, and number 2,396,055, issued October 17, 2000 and specifying furniture in international class 20. Those trademark registrations remain effective. The Complainant registered the domain name in 1996 and uses it in connection with its official website where it sells furniture.
The Respondents are the underlying registrant of the disputed domain names. WIPO panels in over 80 previous proceedings under the Policy have found that the Respondent ICS INC. registered and was using other domain names in bad faith.
The disputed domain names were created on the following dates:
Disputed domain name
Date of creation
September 18, 2003
July 15, 2005
October 2, 2011
October 2, 2011
November 14, 2011
December 9, 2011
Full & Egal Universal Law Academy