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WIPO CASE Bzzaget.com D2010 1187

WIPO CASE Bzzaget.com D2010 1187

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Categories:Business/Law
Published by: LEX-57 the lex engine on Dec 09, 2010
Copyright:Attribution Non-commercial

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WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISIONBzzAgent, Inc. v. bzzaget.com c/o Nameview Inc. WhoisIDentity Shield and Vertical AxisCase No. D2010-1187
1. The Parties
The Complainant is BzzAgent, Inc. of Boston, Massachusetts, United States of America,represented by Clock Tower Law Group, United States of America.The Respondents are bzzaget.com c/o Nameview Inc. Whois IDentity Shield of St.Michael, Barbados and Vertical Axis of St. Michael, Barbados, represented byESQwire.com, United States of America.
2. The Domain Name and Registrar
The disputed domain name <bzzaget.com> (the “Disputed Domain Name”) is registeredwith Nameview Inc.
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”)on July 19, 2010. On July 20, 2010, the Center transmitted by email to Nameview Inc. arequest for registrar verification in connection with the Disputed Domain Name. On July20, 2010, Nameview Inc. transmitted by email to the Center its verification response,disclosing registrant and contact information for the Disputed Domain Name whichdiffered from the named Respondent and contact information in the Complaint. TheCenter sent an email communication to the Complainant on July 22, 2010, providing theregistrant and contact information disclosed by the Registrar and inviting theComplainant to submit an amendment to the Complaint. The Complainant filed anamendment to the Complaint on July 26, 2010.The Center verified that the Complaint together with the amendment to the Complaintsatisfied the formal requirements of the Uniform Domain Name Dispute ResolutionPolicy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name DisputeResolution 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 theRespondents of the Complaint, and the proceedings commenced on July 27, 2010. Inaccordance with the Rules, paragraph 5(a), the due date for Response was August 16,2010. The Respondent Vertical Axis submitted its Response on August 16, 2010.The Center appointed Nicholas Weston as the sole panelist in this matter on September 1,2010. The Panel finds that it was properly constituted. The Panel has submitted theStatement 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 the owner of three trademarks registrations as follows:
MARK &JURISDICTIONDATEREGISTEREDREG. NOINTL GOODS AND/OSERVICES
BzzAgent(United States)April 25, 20063,085,51835Business marketing and business consulting services;grass roots marketingcampaigns for others arrangedvia the Internet; organizationand automation of directconsumer-to-consumer marketing campaigns via theInternet; promotionalmarketing services; directmarketing services; organizingand facilitating a communityof consumer-based marketersof new products and services;automated grass rootsmarketing campaigns via theInternet; conductingmarketing studies andconsumer research;developing promotionalcampaigns for businesses; promoting the goods andservices of others by means of a preferred customer programonline featuring consumer-to-consumer communications; promoting the goods and
 
services of others by means of word-of-mouth andnontraditional marketing program; providinginformation about the goodsand services of others via theInternet.42Application service provide(ASP) featuring programmanagement software in thefield of word-of-mouthmarketing.BzzAgent(European Union)June 28, 2006910 36835Business marketing and business consulting services;grass roots marketingcampaigns for others arrangedvia the Internet; organizationand automation of directconsumer-to-consumer marketing campaigns via theInternet; promotionalmarketing services; directmarketing services; organizingand facilitating a communityof consumer-based marketersof new products and services;automated grass rootsmarketing campaigns via theInternet; conductingmarketing studies andconsumer research;developing promotionalcampaigns for businesses; promoting the goods andservices of others by means of a preferred customer programonline featuring consumer-to-consumer communications; promoting the goods andservices of others by means of word-of-mouth andnontraditional marketing program; providinginformation about the goodsand services of others via the

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