Decisión del Panel Administrativo nº D2015-0959 of WIPO Arbitration and Mediation Center, July 24, 2015 (case Air France-KLM v. Zakir Patel)
| Resolution Date | July 24, 2015 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
Complainant is Air France-KLM of Paris, France, represented by MEYER & Partenaires, France.
Respondent is Zakir Patel of Southfield, Michigan, United States of America.
The disputed domain name is [wwwairfranceklm.com] which is registered with GoDaddy.com, LLC (the "Registrar").
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on June 3, 2015. On June 3 and 4, 2015, the Center received copies of email communications from Respondent. On June 5, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 5, 2015, the Registrar transmitted by email to the Center its verification response confirming that 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(a) and 4(a), the Center formally notified Respondent of the Complaint, and the proceedings commenced on June 12, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was July 2, 2015.
On June 12, 2015, the Center received copies of email communications between Respondent and Complainant. Apart from those email communications, no formal Response was received from Respondent by the due date. On July 3, 2015, the Center notified the parties that it would proceed to Panel Appointment.
The Center appointed Gerardo Saavedra as the sole panelist in this matter on July 10, 2015. This Panel finds that it was properly constituted. This 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.
Complainant has rights over the AIR FRANCE KLM (and design) mark for which it holds (i) international trademark registration No. 863406, registered on June 17, 2005, in classes 16, 35, 36, 38, 39 and 42; and (ii) trademark registration No. 3335339 with the United States Patent and Trademark Office, registered on November 13, 2007 in classes 16, 35, 36, 38, 39 and 42.
The disputed domain name was created on March 23, 2014.
Complainant's assertions may be summarized as follows.
Complainant is the result of a merger announced on September 29, 2003 between two companies in the field of...
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