WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Foot Locker Retail, Inc. v. WhoisGuard, Inc. / Derrick Berney, Tnylth Case No. D2019-0504 1. The Parties

The Complainant is Foot Locker Retail, Inc. of New York, New York, United States of America (“United States”), represented by Kelley Drye & Warren, LLP, United States.

The Respondent is WhoisGuard, Inc. of Panama / Derrick Berney, Tnylth, Miami, Florida, United States. 2. The Domain Name and Registrar

The disputed domain name (the “Disputed Domain Name”) is registered with NameCheap, Inc. (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 5, 2019. On March 5, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On March 6, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Disputed Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on March 7, 2019 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on March 11, 2019.

The Center verified that the Complaint together with the amended 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on March 14, 2019. In accordance with the Rules, paragraph 5, the due date for Response was April 3, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on April 4, 2019.

The Center appointed Lynda M. Braun as the sole panelist in this matter on April 25, 2019. 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. 4. Factual Background

The Complainant is a leading global athletic footwear and apparel retailer that has sold athletic apparel, footwear and accessories, and provided retail store services for over 40 years. Its stores offer the latest in athletic-inspired performance products for a wide variety of athletic activities, manufactured primarily by leading athletic brands. The Complainant operates approximately 1,755 stores located in 24 jurisdictions, including 910 in the United States, 111 in Canada, over 636 in Europe, and a combined 98 in Australia and New Zealand.

The Complainant is the exclusive owner of all right, title, and interest in and to the following trademarks, duly registered in the United States Patent and Trademark Office, including: FOOT LOCKER, United States Registration Nos. 1,126,857 and 3,810,824 (registered on November 20, 2010, and on June 29, 2010, respectively), FOOT LOCKER (Stylized), United States Registration No. 1,032,592 (registered on February 3, 1976), and the Striper Logo, United States Registration Nos. 1,588,443 and 1,591,435 (registered on March 27, 1990, and on April 10, 1990, respectively). The Complainant also owns registrations for trademarks in over 80 jurisdictions worldwide (hereinafter collectively referred to as the “FOOT LOCKER Mark”).

Further, the Complainant has an active presence on the Internet, owning multiple domain names and operating a number of websites to which the domain names resolve. These domain names include (United States), (Canada), (United Kingdom). The Complainant’s websites have become a valuable tool in promoting its athletic apparel, footwear, accessories, and retail stores. The Complainant has used the FOOT LOCKER Mark in connection with its goods and services long before the Respondent’s registration of the Disputed Domain Name.

The Respondent registered the Disputed Domain Name on February 16, 2019. According to a screenshot provided by the Complainant as an annex to the Complaint, the Disputed Domain Name resolved to a website offering gift cards for use in the Complainant’s retail and online stores and displaying the FOOT LOCKER Mark without consent (Annex 6 to the Complaint). Counsel for the Complainant filed a notification of infringement pursuant to the Digital Millennium Copyright Act (the “DMCA Notice”) with the hosting provider, Amazon EC2 (“Amazon”), regarding the Respondent’s unauthorized use of the Complainant’s FOOT LOCKER Mark online. Amazon acknowledged receipt of the Complainant’s DMCA Notice and stated that it would investigate the issue (Annex 7 to the Complaint). Amazon, however, stated that it was “unable to identify the customer responsible for the reported activity.” (Annex 8 to