Decisión del Panel Administrativo nº D2015-0981 of WIPO Arbitration and Mediation Center, July 24, 2015 (case British Telecommunications plc v. Giovanni Laporta, Yoyo.email Ltd / Domain Controller, Yoyo.email Ltd)
| Resolution Date | July 24, 2015 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is British Telecommunications plc of London, United Kingdom of Great Britain and Northern Ireland (“United Kingdom”), represented by BT Legal, United Kingdom.
The Respondent is Domain Controller, Yoyo Email of Traverse City, Michigan, United States of America (“United States”) / Giovanni Laporta of Toddington, Dunstable, Bedfordshire, United Kingdom.
The disputed domain name [118500.email] is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 9, 2015. On June 9, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 9, 2015, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on June 11, 2015, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amended Complaint. The Complainant filed an amended Complaint on June 11, 2015. The Center received a communication from the Respondent on June 11, 2015. The Complainant filed a further amendment to the Complaint on June 11, 2015.
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 proceeding commenced on June 12, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was July 2, 2015. The Center received a communication from the Respondent on June 12, 2015. The Response was filed with the Center on July 2, 2015.
The Center appointed Sebastian M.W. Hughes as the sole panelist in this matter on July 10, 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 Complainant is a company incorporated in England and one of the world’s leading telecommunications providers. The Complainant is the owner of a registration for the trade mark 118500 (the “Trade Mark”) in the United Kingdom. The Trade Mark has been registered and used continuously since 2003 in respect of the Complainant’s directory enquiries or “DQ” services. The Complainant is one of the top two DQ service providers in the United Kingdom, its DQ services offered under the Trade Mark accounting for 26 percent of the market.
According to the Whois search for the disputed domain name, the Respondent is “Domain Controller, Yoyo Email”, with an address in Michigan in the United States. The Response has been filed in the name of “Yoyo.Email Limited” and signed by “Giovanni Laporta, CEO, on behalf of Yoyo.Email...
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