Decisión del Panel Administrativo nº D2016-2219 of WIPO Arbitration and Mediation Center, January 13, 2017 (case Aldi GmbH Co. KG, Aldi Stores Limited v. Ronan Barrett)

• Resolution Date: January 13, 2017
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Aldi GmbH & Co. KG, Aldi Stores Limited v. Ronan Barrett

Case No. D2016-2219

1. The Parties

The Complainants are Aldi GmbH & Co. KG of Mulheim an der Ruhr, Germany and Aldi Stores Limited of Warwickshire, United Kingdom of Great Britain and the Northern Ireland (“United Kingdom”), represented by Freeths LLP, United Kingdom.

The Respondent is Ronan Barrett of Belfast, United Kingdom.

2. The Domain Names and Registrar

The disputed domain names [aldiorlidl.com] and [lidloraldi.com] are registered with Register.IT SPA (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 1, 2016. On November 2, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On November 3, 2016, the Registrar 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 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 November 14, 2016. In accordance with the Rules, paragraph 5, the due date for Response was December 4, 2016. Due to the failure in the delivery of the written notice by fax, the Response due date was extended to December 10, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 12, 2016.

The Center appointed Tobias Zuberbühler as the sole panelist in this matter on December 19, 2016. 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 grocery retailing chain with more than 5000 stores around the world. The Complainant is the owner of several ALDI trademarks, including International Registration number...