Decisión del Panel Administrativo nº DIR2015-0007 of WIPO Arbitration and Mediation Center, August 22, 2015 (case AB Electrolux v. Kara Gostar Azin Gheshm)

Resolution DateAugust 22, 2015
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioIrán (.ir)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

AB Electrolux v. Kara Gostar Azin Gheshm

Case No. DIR2015-0007

1. The Parties

The Complainant is AB Electrolux of Stockholm, Sweden, represented by BrandIT Legal AB, Sweden.

The Respondent is Kara Gostar Azin Gheshm of Tehran, (Islamic Republic of) Iran.

2. The Domain Name and Registrar

The disputed domain names [aeg-electrolux.ir] (the “First Disputed Domain Name”) and [electrolux.co.ir] (the “Second Disputed Domain Name”) are registered with IRNIC. The First Disputed Domain Name and the Second Disputed Domain Name are referred to below collectively as the “Disputed Domain Names”.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 13, 2015. On July 14, 2015, the Center transmitted by email to IRNIC a request for registrar verification in connection with the Disputed Domain Names. On July 15, 2015, IRNIC transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. Hard copies of the Complaint were received by the Center on July 16, 2015.

The Center verified that the Complaint and the amended Complaint satisfied the formal requirements of the .ir Domain Name Dispute Resolution Policy (the “Policy” or “irDRP”), the Rules for .ir Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for .ir Domain Name Dispute Resolution Policy (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on July 21, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was August 10, 2015. The Respondent did not submit any response. On August 11, 2015, the Center notified the Respondent’s default.

The Center appointed Nick J. Gardner as the sole panelist in this matter on August 14, 2015. 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 AB Electrolux. It is a Swedish company and a major manufacturer of domestic appliances such as refrigerators and washing machines. It has been in business since 1901. In 2014, the Complainant had sales of SEK112 billion and about 60,000 employees.

The Complainant is the owner of numerous trademark registrations for the word ELECTROLUX as a word and figure mark. It has registrations for this trademark in several classes in more than 150 countries all over the world including in Iran. See for example International Trademark Registration 1593/2671 (first registered in 1944). As well as using the ELECTROLUX trademark the Complainant also promotes some of its products under another brand, AEG. The origin of this brand is a German company dating back to 1887. Nowadays...

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