Decisión del Panel Administrativo nº D2016-0537 of WIPO Arbitration and Mediation Center, May 24, 2016 (case BOEHRINGER Ingelheim Pharma GmbH Co. KG v. Kelvin Baraka)

• Resolution Date: May 24, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

BOEHRINGER Ingelheim Pharma GmbH & Co. KG v. Kelvin Baraka

Case No. D2016-0537

1. The Parties

The Complainant is BOEHRINGER Ingelheim Pharma GmbH & Co. KG of Ingelheim, Germany, represented by Nameshield, France.

The Respondent is Kelvin Baraka of Moscow, the Russian Federation.

2. The Domain Name and Registrar

The disputed domain name [spiriva.top] is registered with GuangDong NaiSiNiKe Information Technology Co Ltd (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on March 18, 2016. On March 18, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On March 23, 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 6, 2016. In accordance with the Rules, paragraph 5, the due date for Response was April 26, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on April 27, 2016.

The Center appointed Sebastian M.W. Hughes as the sole panelist in this matter on May 10, 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

A. Complainant

The Complainant is a pharmaceutical company founded in 1885 and incorporated in Germany, and is the manufacturer of an anticholinergic bronchodilator used in the management of chronic obstructive pulmonary disease, marketed and sold under the trade mark SPIRIVA (the "Trade Mark"). The Complainant is the owner of several international and national registrations for the Trade Mark, the earliest (international)...