Decisión del Panel Administrativo nº D2016-2065 of WIPO Arbitration and Mediation Center, December 02, 2016 (case BKS Bank AG v. James H Park)

• Resolution Date: December 02, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

BKS Bank AG v. James H Park

Case No. D2016-2065

1. The Parties

The Complainant is BKS Bank AG of Klagenfurt, Austria, represented by Schonherr Rechtsanwalte GmbH, Austria.

The Respondent is James H Park of GimHae, Republic of Korea.

2. The Domain Name and Registrar

The disputed domain name [bks-online.com] is registered with DropCatch.com 758 LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 10, 2016. On the same date, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 10, 2016 and October 14, 2016, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the Respondent’s 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 proceedings commenced on October 17, 2016. In accordance with the Rules, paragraph 5, the due date for Response was November 6, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 7, 2016.

The Center appointed Dr. Hong Xue as the sole panelist in this matter on November 18, 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.

4. Factual Background

The Complainant is a bank founded in 1922 and based in Klagenfurt, Austria. The Complainant operates in the banking and leasing business in Austria and several neighboring countries and owns the trademark registrations over the marks BKS and BKS BANK in Austria and a couple of other countries, including Austrian Trademark Registration No.278266 for BKS, registered on May 28, 2014, and Austrian Trademark Registration No. 215993 for BKS BANK, registered on March...