Decisión del Panel Administrativo nº D2016-0809 of WIPO Arbitration and Mediation Center, July 10, 2016 (case Amazon.com, Inc., Amazon Technologies, Inc., Amazon Europe Holding Technologies SCS v. Safraaz Karim)
| Resolution Date | July 10, 2016 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainants are Amazon.com, Inc., Seattle, Washington, United States of America; Amazon Technologies, Inc., Reno, Nevada, United States of America; Amazon Europe Holding Technologies SCS, Luxembourg, represented by Cooley (UK) LLP, United Kingdom of Great Britain and Northern Ireland (“United Kingdom”).
The Respondent is Safraaz Karim, Leicester, United Kingdom.
The disputed domain name [amazondistributioncentre.com] is registered with 1&1 Internet AG (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 25, 2016. On April 25, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 26, 2016, 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceeding commenced on April 27, 2016. In accordance with the Rules, paragraph 5, the due date for Response was May 17, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on May 25, 2016.
On May 25, 2016 in reply to the notified Respondent’s default an email was received from the Respondent stating he had no problem in transferring the disputed domain name. Pursuant to the Rules, paragraph 17, the Center sent an email to the parties informing them that the proceeding may be suspended to implement a settlement agreement between the Parties.
On May 27, 2016 the Complainants forwarded their request for a suspension of the proceeding. On June 29, 2016 the Complainants requested re-institution of the proceeding as the Respondent had failed to sign the settlement form. The Center re-instituted the proceeding the same day.
On June 30, 2016, the Center appointed James Bridgeman as the sole panelist in this matter. 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 carry on the well-known AMAZON online retail service and are the owners of more than 1,400 trade mark registrations for or including the term AMAZON throughout the world including European Union.
The third named Complainant is the registered owner of European Union Trade Mark (“EUTM”) No. 007516198 for AMAZON, which was filed on December 26, 2008 in Classes 5, 7, 8, 10,14,16,18, 20, 21, 22, 24, 25, 27, 28, 29, 30, 3 1, 32, 34, 35, 36, 38, 39, 40, 43, 44 and 45 and covers, inter alia, “delivery services” in Class 39.
There is no information about the Respondent except for that provided in the WhoIs and the Complaint. He is the owner of the disputed domain name and a number of other domain name registrations which incorporate the marks which are listed below.
The disputed domain name was registered on October 23, 2015 and resolves to a website which contains pay-per-click links.
The Complainants rely on their rights in the AMAZON...
To continue reading
Request your trial