Decisión del Panel Administrativo nº D2016-1055 of WIPO Arbitration and Mediation Center, July 14, 2016 (case Chicago Athenaeum: The Center for Architecture, Art, and Urban Studies v. Onur Mustak Cobanli)

Resolution DateJuly 14, 2016
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionComplaint denied
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Chicago Athenaeum: The Center for Architecture, Art, and Urban Studies v. Onur Mustak Cobanli

Case No. D2016-1055

1. The Parties

The Complainant is Chicago Athenaeum: The Center for Architecture, Art, and Urban Studies of Galena, Illinois, United States of America, represented by Reinhart Boerner Van Deuren P.C., United States of America.

The Respondent is Onur Mustak Cobanli, d/b/a OMC Design Studious SRL of Como, Italy, represented by Steven Rinehart, United States of America (“United States”).

2. The Domain Names and Registrar

The disputed domain names [good-design-award.com], [gooddesignaward.com] and [gooddesignmark.com] (the “Disputed Domain Names”) are registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 26, 2016. On May 27, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Names. On the same date 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 proceedings commenced on June 1, 2016. In accordance with the Rules, paragraph 5, the due date for Response was June 21, 2016. The Response was filed with the Center on June 15, 2016.

The Center appointed John Swinson as the sole panelist in this matter on June 30, 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 the Chicago Athenaeum: The Centre for Architecture, Art, and Urban Studies. It is an international museum of art and design.

Each year, the Complainant offers and facilitates the Good Design Awards Program. This program was founded in Chicago in 1950 and honors the yearly achievements of the best industrial and graphic designers and world manufacturers for their pursuit of extraordinary design excellence.

The Complainant owns a registered trade mark for GOOD DESIGN, which was filed on May 19, 2010 and registered on January 4, 2011 in the United States (the “Trade Mark”). The Complainant uses the Trade Mark to promote the Good Design Awards Program.

The Respondent is Onur Mustak Cobanli, an individual from Italy who owns and operates OMC Design Studios SRL, an industrial design firm.

The Respondent registered the Disputed Domain Names [gooddesignmark.com], [gooddesignaward.com] and [good-design-award.com] on December 7, 2010, January 14, 2012, and July 1, 2012, respectively.

The websites at the Disputed Domain Names are identical. They promote a different awards competition named the Good Product Design Award. This competition is described on the websites at the Disputed Domain Names as being organized by A’ Design...

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