Decisión del Panel Administrativo nº DNL2016-0026 of WIPO Arbitration and Mediation Center, September 19, 2016 (case The Procter Gamble Company v. Ares Netwerk)

Resolution DateSeptember 19, 2016
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioPaíses Bajos (.nl)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

The Procter & Gamble Company v. Ares Netwerk

Case No. DNL2016-0026

1. The Parties

The Complainant is The Procter & Gamble Company of Cincinnati, Ohio, United States of America, represented by Bakker & Verkuijl B.V., the Netherlands.

The Respondent is Ares Netwerk of Arnhem, the Netherlands.

2. The Domain Name and Registrar

The disputed domain name [crestwhitestrips-voordeel.nl] (the “Domain Name”) is registered with SIDN through TransIP B.V.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 30, 2016. On May 30, 2016, the Center transmitted by email to SIDN a request for registrar verification in connection with the Domain Name. On May 31, 2016, SIDN transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. Following a request from the Center, the Complainant confirmed the requested remedy on June 2, 2016. The Center verified that the Complaint satisfied the formal requirements of the Dispute Resolution Regulations for .nl Domain Names (the “Regulations”).

In accordance with the Regulations, articles 5.1 and 16.4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on June 6, 2016. In accordance with the Regulations, article 7.1, the due date for Response was June 26, 2016. The Respondent sent informal communications on June 8, 2016 and June 13, 2016.

On June 23, 2016, the Complainant requested the suspension of the proceeding for two weeks. In accordance with article 19.3 of the Regulations, the Center suspended the proceeding on the same day until July 7, 2016. Following a request from the Complainant, the Center reinstituted the proceeding on July 8, 2016. The due date for Response was July 13, 2016. The Respondent did not file any further communications. In the absence of a formal Response, the aforementioned informal communications were forwarded to SIDN for commencement of the mediation process in accordance with the Regulations.

On July 18, 2016, SIDN commenced the mediation process. On August 12, 2016, SIDN informed parties that the dispute had not been solved in the mediation process. No formal Response was submitted.

The Center appointed Willem Hoorneman as the panelist in this matter on August 19, 2016. The Panel finds that it was properly constituted. The Panelist has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required to ensure compliance with the Regulations, article 9.2.

4. Factual Background

The Complainant is a multinational consumer goods company. It has registered, inter alia, the following European Union Trade Mark (“EUTM”) registrations (the “Trademarks”):

- EUTM CREST, registered on February 28, 2000 with registration number 273201;

- EUTM CREST, registered on August 27, 2003 with registration number 1843630;

- EUTM CREST (device), registered on January 29, 2007 with registration...

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