FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
Penum Ltd was incorporated on 31 October 2012.
The previous owner of the Domain Name was approached (presumably by the Complainant) on 19 December 2012, and the registrant offered to sell the Domain Name for $7,288. The Complainant was not able to pay this sum.
Somewhere between 19 July 2013 and 23 September 2013 the ownership of the Domain Name changed and became registered in the name of the Respondent.
On the 23 September 2013 the domain was re-directed to a website of a business which competes with the Complainant (the "Competitor"), but for the purpose of this Complaint (and in view of the flat denial of involvement - see below) the Competitor does not need to be named.
On 28 September 2013 a member of the Complainant's staff was contacted personally by the owner of the Competitor saying, inter alia, "...No case to answer".
On 2 October 2013 the Complainant attempted to call the Respondent by telephone, but the telephone details on the WHOIS were found to be incorrect.
On 3 October 2013 the Complainant sent a cease and desist letter to both the Respondent and the head office of the Competitor. No response has been received from the Respondent. Further, a short response was received by the legal representatives of the Competitor stating that the Competitor "...own no rights whatsoever in the domain name www.penum.com nor are they using the domain name. They have no intention of using the domain name in the future".
The Respondent failed to submit a Response within the time frame required, or at all, and a Notification of Respondent’s Default was therefore issued by the Czech Arbitration Court on 22 November 2013.
Having received a Statement of Acceptance and Declaration of Impartiality, the Czech Arbitration Court appointed Steve Palmer, of Palmer Biggs Legal - Solicitors, as the Panel in these UDRP proceedings.
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