Decisión del Panel Administrativo nº DAU2017-0001 of WIPO Arbitration and Mediation Center, March 13, 2017 (case Bayerische Motoren Werke AG v. Stressfree Driving School Pty Ltd / James Vergis)
| Resolution Date | March 13, 2017 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Australia (.au) |
The Complainant is Bayerische Motoren Werke AG of Munich, Germany, represented by Kelly IP, LLP, United States of America ("United States").
The Respondent is Stressfree Driving School Pty Ltd / James Vergis of Australia, self-represented.
The disputed domain names [bmwdriveschool.com.au], [bmwdriveschool.net.au], [bmwdrivingschool.com.au] and [bmwdrivingschool.net.au] (the "Disputed Domain Names") are registered with NetRegistryPty Ltd.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on January 13, 2017. On January 17, 2017, the Center transmitted by email to NetRegistryPty Ltd. (the "Registrar") a request for registrar verification in connection with the Disputed Domain Names. On January 25, 2017, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrants and providing the Respondent's contact details.
The Center verified that the Complaint satisfied the formal requirements of the .au Dispute Resolution Policy (the "Policy"), the Rules for .au Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for .au 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 January 31, 2017. In accordance with the Rules, paragraph 5(a), the due date for Response was February 20, 2017. The Response was filed with the Center on February 16, 2017. The Complainant filed a brief reply on February 22, 2017.
The Center appointed David Stone as the sole panelist in this matter on February 24, 2017. 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 Complainant, Bayerische Motoren Werke AG ("BMW"), owns the trade mark BMW and has been continuously using it since 1917 in more than 140 countries around the world. Under this mark, it manufactures, sells, and distributes automobiles and motorcycles, as well as providing services including driver training programs. These educational and training services are also offered through other BMW-formative marks, which include BMW DRIVING EXPERIENCE and BMW PERFORMANCE DRIVING SCHOOL.
In Australia, the Complainant registered the BMW and design mark on May 12, 1950; the BMW (in block letters) mark on July 19, 1988; and the BMW DRIVING EXPERIENCE mark on April 21, 2011, in each case for car-related goods/services.
The Disputed Domain Names were registered by the Respondent in May 2014 together with four additional Domain Names under the generic Top-Level Domains ("gTLDs") ".com" and ".net" for which a complaint has separately been filed by the Complainant under the Uniform Domain Name Dispute Resolution Policy ("UDRP"). The Disputed Domain Names re-direct to a placeholding website informing Internet users that the domain is parked.
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