At the same time, the Complainant acquired the domain name from LEF Interactive Pty Ltd.Ĥ.1.2 Prior to that date, in January 2002, SNL acquired from the Dutch Company, Kazaa BV, assets including The Complainant acquired, inter alia, the trademark KAZAA in June 2003, from Sharman Networks Limited (“SNL”). The Panel has submitted the Statement of Acceptance and Declaration of ImpartialityĪnd Independence, as required by the Center to ensure compliance with the Rules,Ĥ.1.1 The Complainant markets software that enables peer to peer (P2P) communications – principally, music – over the Internet. The Panel finds that it was properly constituted. The Center appointed David Perkins as the sole panelist Accordingly, the Center notified the Respondent’s default on December 2, 2004. The Respondent did not submit any response. In accordance with the Rules, paragraph 5(a), the due date for Response was November 30, 2004. In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on November 10, 2004. 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”), 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 response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amendment to the Complaint on November 10, 2004. On November 9, 2004, transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details for the administrative, billing, and technical contact. On November 3, 2004, the Center transmitted by email to a request for registrar verification in connection with the domain names at issue. The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 3, 2004. The Respondent is Domains at Fabulous, Dublin, Ireland. The Complainant is Sharman License Holdings, Limited, Port Vila, Vanuatu, represented by Genga & Associates, P.C., United States of America.
0 kommentar(er)
