Decisión del Panel Administrativo nº D2015-0885 of WIPO Arbitration and Mediation Center, July 29, 2015 (case Cembra Money Bank AG v. Original-Kreditbox AG limited, Cinar Abdulhamit)
| Resolution Date | July 29, 2015 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Cembra Money Bank AG of Zürich, Switzerland, represented by Walder Wyss & Partner, Switzerland.
The Respondent is Original-Kreditbox AG limited / Cinar Abdulhamit of London, United Kingdom of Great Britain and Northern Ireland (the "UK").
The disputed domain name [cembrax.com] is registered with Registry Gate GmbH (the "Registrar").
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on May 26, 2015. On May 26, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 28, 2015, 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. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an 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 proceedings commenced on June 12, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was July 2, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on July 3, 2015.
The Center appointed Tobias Malte Müller as the sole panelist in this matter on July 9, 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.
On July 23, 2015, the Center received supplemental filings from the Complainant. On July 29, 2015, the Panel sent a Panel Order to the parties rejecting the supplemental filings.
The Complainant is the registered owner of numerous trademark registrations for and/or including the term CEMBRA, in particular Swiss trademark number 649008 CEMBRA (word), registered on September 25, 2013 for goods and services in classes 9, 16, 35, 36, 38, 39 and 42 and Swiss trademark number 650607 CEMBRA MONEYBANK (figurative), registered on November 4, 2013 for goods and services in classes 9, 16, 35, 36, 38, 39 and 42. Furthermore the Complainant's corporate name contains the term "cembra", since the Complainant is registered under the corporate name "Cembra Money Bank AG".
The disputed domain name [cembrax.com] was registered by the Respondent on April 18, 2015 and it currently resolves to a website that displays no content.
It results from the Complainant's undisputed allegations that the Complainant's core business is providing banking and financial services. The Complainant uses its several trademarks including the term CEMBRA, (i.e. the sign "cembra" and the logo with "cembra") as well as the domain names...
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