Decisión del Panel Administrativo nº D2015-1264 of WIPO Arbitration and Mediation Center, September 29, 2015 (case adp Gauselmann GmbH v. Chrisper Economy APS, Christian Dam Rasmussen / Whoisguard Protected, Whoisguard)

Resolution DateSeptember 29, 2015
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

adp Gauselmann GmbH v. Chrisper Economy APS, Christian Dam Rasmussen / Whoisguard Protected, Whoisguard

Case No. D2015-1264

1. The Parties

The Complainant is adp Gauselmann GmbH of Espelkamp, Germany, represented internally.

The Respondent is Chrisper Economy APS, Christian Dam Rasmussen of Fredericksberg C, Denmark / Whoisguard Protected, Whoisguard, of Panama.

2. The Domain Name and Registrar

The disputed domain name [merkurdownload.com] is registered with eNom (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 22, 2015. On July 22, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 22, 2015, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on July 23, 2015 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on July 23, 2015.

The Center verified that the Complaint together with the amendment to 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on August 4, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was August 24, 2015. The Respondent did not submit any Response. Accordingly, the Center notified the Respondent’s default on August 25, 2015.

The Center appointed Jonas Gulliksson as the sole panelist in this matter on September 7, 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 a German company engaged in the field of amusement and gambling machines, as well as money management systems. Furthermore, the Complainant is the holder of, inter alia, the German trademark registration for MERKUR (reg. no. 30148560) and the Community trademark registration for MERKUR (reg. no. 4352019). The former trademark was registered in 2002, and the...

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