Decisión del Panel Administrativo nº D2015-1774 of WIPO Arbitration and Mediation Center, November 20, 2015 (case CMA CGM v. Diana Smith)

• Resolution Date: November 20, 2015
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

CMA CGM v. Diana Smith

Case No. D2015-1774

1. The Parties

Complainant is CMA CGM of Marseilles, France, represented by Inlex IP Expertise, France.

Respondent is Diana Smith of Southlake, Texas, United States of America ("United States").

2. The Domain Name and Registrar

The disputed domain name [cma-cgmn.com] (the "Domain Name") is registered with eNom (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on October 6, 2015. On October 6, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On October 6, 2015, the Registrar transmitted by email to the Center its verification response confirming that 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 Respondent of the Complaint, and the proceedings commenced on October 14, 2015. In accordance with the Rules, paragraph 5, the due date for Response was November 3, 2015. Respondent did not submit any response. Accordingly, the Center notified Respondent's default on November 4, 2015.

The Center appointed Dinant T. L. Oosterbaan as the sole panelist in this matter on November 12, 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.

4. Factual Background

Complainant CMA CGM is a company incorporated in France. Complainant is the third-largest container shipping company worldwide. It operates in more than 165 countries serving over 450 ports around the world, including in the United States.

According to the evidence submitted by Complainant, Complainant has a large number of trademark registrations for CMA CGM, including International Trademark Registration CMA CGM with number 191384, filing date October 2, 2013. In addition, Complainant operates...