The late Igal Lichtman, founder of Mrs Jello LLC.
It’s sad news for the estate of the late Igal Lichtman, founder of Mrs Jello LLC.
The ownership of the domain name Milly.com was disputed in a UDRP, filed at the WIPO by Milly LLC of New York.
The Complainant, is a fashion company which designs and sells women’s clothing, handbags and accessories, and has operated under the name “Milly” since its launch in 2001.
Shockingly, Milly.com was registered in 1999 and thus predates any operation by the Complainant; unfortunately, due to circumstances unbeknownst to us, the estate of Igal Lichtman were unable to respond to the UDRP.
This would have never happened if Igal Lichtman were alive; this clearly raises many concerns over other premium domains in the domain portfolio of Mrs Jello LLC.
Three panelists – Richard W. Page, Andrew F. Christie, and Robert A. Badgley – found the case brought forth by the Complainant, to be compelling enough and ordered the transfer of Milly.com.
You can read the full case here.
Who requested 3 member panel, when there was no response from Registrant?
Mark – The Complainant can still request 3 panelists, per:
(ii) If the Complainant designates 3 Panelists and the Respondent designates 1 Panelist, or vice-versa, then the WIPO Center will appoint a three-person Administrative Panel. In so doing, the WIPO Center will try to appoint one of the candidates nominated by the Complainant and one of the candidates nominated by the Respondent. If it is unable to do so, the Center will make an appropriate appointment from its list of Domain Name Panelists. The third Panelist, or Presiding Panelist, will be appointed on the basis of preferences indicated by the parties from among a list of 5 candidates that will have been provided to them by the WIPO Center. (If it is the Respondent that chooses a three-member Panel, the Respondent is required to pay half of the applicable fees; in all other situations, the fees are paid by the Complainant.)
(iii) If no Response is filed by the Respondent, then the WIPO Center will appoint the Administrative Panel in accordance with the number of panelists designated by the Complainant (i.e. 1 or 3). If the Complainant designated a three-member panel, the Center will try to appoint one of the candidates nominated by the Complainant, failing which it will make the appointment from its published list. It will make the appointment of the other two Panelists from its list of Domain Name Panelists.