Decisión del Panel Administrativo nº D2016-2106 of WIPO Arbitration and Mediation Center, December 05, 2016 (case Akçansa Çimento Sanayi ve Ticaret Anonim Şirketi v. Moniker Privacy Services / Fatih Avcı)

• Resolution Date: December 05, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Akçansa Çimento Sanayi ve Ticaret Anonim Şirketi v. Moniker Privacy Services / Fatih Avcı

Case No. D2016-2106

1. The Parties

The Complainant is Akçansa Çimento Sanayi ve Ticaret Anonim Şirketi of Istanbul, Turkey, represented by BTS & Partners, Turkey.

The Respondent is Moniker Privacy Services of Fort Lauderdale, Florida, United States of America ("United States") / Fatih Avcı of Izmir, Turkey.

2. The Domain Name and Registrar

The disputed domain name [akcansa.com] is registered with Moniker Online Services, LLC (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on October 17, 2016. On October 17, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 18, 2016, 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 October 19, 2016 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 amended Complaint on October 26, 2016.

The Center verified that the Complaint together with the amended 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 October 27, 2016. In accordance with the Rules, paragraph 5, the due date for Response was November 16, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on November 18, 2016.

The Center appointed Gökhan Gökçe as the sole panelist in this matter on November 22, 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.

In accordance with the Rules, paragraph 11(a), and since the parties have not agreed otherwise, the Panel finds that the language of the administrative proceedings is the language of the Registration Agreement, i.e., English.

4. Factual Background

The Complainant, Akçansa Çimento Sanayi ve Ticaret A.Ş., was founded in 1996 and has been operating in the Marmara, Aegean, and Black Sea regions of Turkey. The Complainant produces cement and clinker in its three factories in Turkey. The Complainant is a leading company in the Turkish cement industry, meets 10% of Turkey's cement need as well as 12,5% of Turkey's total cement and clinker export.

The Complainant is the owner of various registered trademarks including AKÇANSA CBR SA which was first registered on March 26, 1997 with the Turkish Patent Institute. The...