Decisión del Panel Administrativo nº DNL2016-0039 of WIPO Arbitration and Mediation Center, September 19, 2016 (case The Procter Gamble Company v. Khadija Bais)

• Resolution Date: September 19, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Países Bajos (.nl)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

The Procter & Gamble Company v. Khadija Bais

Case No. DNL2016-0039

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 Khadija Bais of Arnhem, the Netherlands.

2. The Domain Name and Registrar

The disputed domain name [3dcrestwhitestrips-store.nl] (the “Domain Name”) is registered with SIDN through Hostnet B.V.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 15, 2016. On July 15, 2016, the Center transmitted by email to SIDN a request for registrar verification in connection with the Domain Name. On July 18, 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. 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 July 19, 2016. In accordance with the Regulations, article 7.1, the due date for Response was August 8, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 10, 2016.

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 number 4772075;

- EUTM CREST WHITESTRIPS PREMIUM, registered on January 24, 2007 with registration number 3142858.

The Domain Name was registered by the Respondent on March 2, 2016. The Domain Name resolves to a website where teeth whitening products are offered for sale. The predominant language of the website is Dutch.

5. Parties’ Contentions

A. Complainant

The Complainant contends the following.

The Complainant is the owner of the Trademarks, to which the Domain Name is confusingly similar. The Respondent has no rights or legitimate interests in the Domain...