World Intellectual Property Organization

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

LARS AG v. Greg Atkinson

Case No. D2011-1081

1. The Parties

The Complainant is LARS AG of Zurich, Switzerland represented by Dr. Lusuardi AG, Switzerland.

The Respondent is Greg Atkinson of Alberta, Calgary, Canada.

2. The Domain Name and Registrar

The disputed domain name <lapreva.com> (the “Domain Name”) is registered with 1&1 Internet AG.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 27, 2011, naming Greg Atkinson as Respondent, even though the Domain Name was at the time registered in the name of the Registrar. On June 27, 2011, the Center transmitted by email to 1&1 Internet AG a request for registrar verification in connection with the Domain Name. On June 29, 2011, 1&1 Internet AG transmitted by email to the Center its verification response confirming that the Domain Name had been registered in the name of the Registrar on behalf of the Respondent and that the Registrar would amend the registrant and contact information to show the Respondent as registrant. The Center sent an email communication to the Complainant on July 4, 2011, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed a Communication electing not to amend the Complaint on July 6, 2011. The Center verified that 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on July 8, 2011. In accordance with the Rules, paragraph 5(a), the due date for Response was July 28, 2011. The Response was filed with the Center on July 29, 2011, and an Amended Response was filed with the Center on August 1, 2011.

The Center appointed Alan L. Limbury as the sole panelist in this matter on August 8, 2011. 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.

The Complainant filed an unsolicited supplementary submission on August 4, 2011. The Respondent filed an unsolicited supplementary submission on August 9, 2011, to which the Complainant replied on August 12, 2011. On August 14, 2011, the Respondent requested the Registrar to transfer the Domain Name to the Complainant and so notified the Center. As the Domain Name had been placed on “Registrar Lock” upon the commencement of this proceeding, an order from this Panel is necessary so as to give effect to the Respondent’s request.

4. Decision

As the Respondent has consented to the transfer of the Domain Name to the Complainant, the Panel orders, without making any findings adverse to the Respondent, that the Domain Name <lapreva.com> be transferred to the Complainant.

Alan L. Limbury
Sole Panelist
Dated: August 15, 2011

 

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