(ii) that the Respondents have no rights nor any legitimate interests in respect of the Domain Names and (i) that the Domain Names are identical or confusingly similar to the Complainant’s DIVX Mark The Complainant makes the following contentions: The Domain Names referred in in this paragraph are collectively referred to as the (“Inactive Domain Names”). None of these Domain Names presently redirect to an active website. The Domain Name was registered on August 26, 2015. The Domain Name was registered on September 20, 2012. The Domain Name was registered on December 1, 2011. The Domain Name was registered on March 23, 2013. The Domain Names referred in in this paragraph are collectively referred to as the (“Active Domain Names”).
Divx crawler software#
Each of these Domain Names presently redirects to the Complainant’s website at “however prior to the commencement of the proceeding each of these Domain Names redirected to a website at “(“Respondent’s Website”) which offered unauthorized links to the Complainant’s software as well as competing video codec software and pirated moves. The Domain Name was registered on April 17, 2013. The Domain Name was registered on November 15, 2000. The Domain Name was registered on October 29, 2005. The Domain Name was registered on December 6, 2019. The Complainant is the owner of trademark registrations for a mark containing the letters DIVX (the “DIVX Mark”), the earliest of which is a United States trademark with an application date of December 28, 2000, (registration number 2671143, registered on January 7, 2003) for goods in class 9 being online downloadable computer software for broadband video transfer and services in class 35, being licensing of computer software. The Complainant is a United States company that has since 1999 provided video codec software which allows for the compression and decompression of digital video files. 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 Panel finds that it was properly constituted. The Center appointed Nicholas Smith as the sole panelist in this matter on June 10, 2020. Accordingly, the Center notified the Respondents’ default on June 5, 2020. The Respondents did not submit any response.
In accordance with the Rules, paragraph 5, the due date for Response was June 4, 2020. In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondents of the Complaint, and the proceedings commenced on May 15, 2020. The Center verified that the Complaint together with the amended Complaint (hereafter “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”). The Complainant filed an amended Complaint on May 6 and May 7, 2020. The Center sent an email communication to the Complainant on May 5, 2020, providing the registrant and contact information disclosed by the Registrars, and inviting the Complainant to submit an amendment to the Complaint.
Divx crawler verification#
On April 29, 2020, the Registrars transmitted by email to the Center their verification responses disclosing registrant and contact information for the Domain Names which differed from the named Respondents and contact information in the Complaint. On April 28, 2020, the Center transmitted by email to the Registrars a request for registrar verification in connection with the Domain Names. The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 28, 2020. The disputed domain names listed above are collectively referred to as the (“Domain Names”) and the Registrars listed above are collectively referred to as the (“Registrars”). The disputed domain name is registered to the Third Respondent with NameCheap, Inc. The disputed domain names, ,, and are registered to the First Respondent with DirectNIC, LTD, DNC Holdings, Inc. The disputed domain name is registered to the Second Respondent with Tucows Inc. The disputed domain names and are registered to the First Respondent with Key-Systems GmbH (the “First Registrar”). The Respondents are Stan Wojcik, Serbia (the “First Respondent”) / Stan Wojcik,, Serbia (the “Second Respondent”) and Roger Komorowski, STAROG Roger Komorowski, Poland (the “Third Respondent”). The Complainant is DivX, LLC, United States of America (“United States”), represented by IPLA, United States. Stan Wojcik / Stan Wojcik, / Roger Komorowski, STAROG Roger Komorowski Case No. WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION DivX, LLC v.
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