Decisión del Panel Administrativo nº D2015-0161 of WIPO Arbitration and Mediation Center, March 19, 2015 (case Amanresorts Limited and Amanresorts International Pte Ltd v. Jainendra Baghel)
| Resolution Date | March 19, 2015 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainants are Amanresorts Limited of Hong Kong, China and Amanresorts International Pte Ltd of Singapore ( “the Complainant”).
The Respondent is Jainendra Baghel of New Delhi, India.
The disputed domain name [amankorahotels.com] (the “Disputed Domain Name”) is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 2, 2015. On February 2, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On February 2, 2015, 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on February 6, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was February 26, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 27, 2015.
The Center appointed Kimberley Chen Nobles as the sole panelist in this matter on March 5, 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.
The Complainants are part of the Amanresorts group of companies, and prior to 1999 the majority of its business was conducted through Amanresorts Limited of Hong Kong, China, whereas in 1999 and thereafter, it conducted its business mainly through Amanresorts International Pte Ltd. The Amanresorts group of companies owns and manages 28 luxury hotels around the world. Amongst these hotels is the “Amankora” hotel in Bhutan. The name “Amankora” was first used by the Complainant in 2004, when the Complainant’s Bhutan resort opened. The Complainant has registered the trademark “Amankora” (the “AMANKORA marks”) in many jurisdictions around the world, including Asia. The Complainant provided evidence of several trademark registrations for its AMANKORA marks in Annex D to the Complaint. The evidence shows that the Complainant’s registrations of the AMANKORA marks began at least as early as 2006. Additionally, the Complainant owns domain names based on the AMANKORA marks, including the domain names “amankora.com” and “amankora.net.”
The Respondent is Jainendra Baghel of New Delhi, India. The Disputed Domain Name [amankorahotels.com] was registered on January 6, 2014. It resolved to a website which was selling and promoting stays in the Complainant’s “Amankora” hotel in Bhutan. After communicating with the Complainant, the Respondent took down the website at...
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