Decisión del Panel Administrativo nº D2016-1365 of WIPO Arbitration and Mediation Center, August 22, 2016 (case CMA CGM v. Perfect Privacy, LLC / Sun Lee)

Resolution DateAugust 22, 2016
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

CMA CGM v. Perfect Privacy, LLC / Sun Lee

Case No. D2016-1365

1. The Parties

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

The Respondent is Perfect Privacy, LLC of Jacksonville, Florida, United States of America (“United States”) / Sun Lee of Annandale, Virginia, United States.

2. The Domain Name and Registrar

The disputed domain name [cma-logestics.com] is registered with Register.com (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 5, 2016. On July 6, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 6, 2016 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 July 7, 2016 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on July 12, 2016.

The Center verified that the Complaint together with the amended 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 July 14, 2016. In accordance with the Rules, paragraph 5, the due date for Response was August 3, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 4, 2016.

The Center appointed Antony Gold as the sole panelist in this matter on August 11, 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 a substantial, international shipping company which has its headquarters in Marseille, France. It operates, through a network of agencies, in over 160 countries and has over 29,000 employees. Its full trading name is the CMA CGM Group but this is commonly shortened to CMA CGM. The Complainant has secured trade mark protection in multiple jurisdictions for both CMA CGM and also for CMA. Its trade marks for CMA include International trademark No. 502706 registered on April 30, 1986 in classes 35 and 39.

The disputed domain name was registered on April 30, 2016. The disputed domain name presently points to a website which closely replicates the design and content of the Complainant’s corporate website. Features evidently taken from the Complainant’s website include (by way of example only) a banner featuring pictures of some of the Complainant’s boats and sections of the website which contain corporate and business news about “CMA CGM” as well as a purported container tracking facility. The “About Us” section of the website refers to a company called “CMA Shipping and Logistics Limited”...

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