Decisión del Panel Administrativo nº D2017-0115 of WIPO Arbitration and Mediation Center, March 12, 2017 (case Compagnie Générale des Etablissements Michelin v. Domain Admin, Whois Privacy Corp.)

• Resolution Date: March 12, 2017
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Compagnie Générale des Etablissements Michelin v. Domain Admin, Whois Privacy Corp.

Case No. D2017-0115

1. The Parties

The Complainant is Compagnie Générale des Etablissements Michelin of Clermont-Ferrand, France, represented by Dreyfus & associés, France.

The Respondent is Domain Admin, Whois Privacy Corp. of Nassau, New Providence, the Bahamas.

2. The Domain Name and Registrar

The disputed domain name [michelinetire.com] is registered with Internet Domain Service BS Corp (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 20, 2017. On January 20, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 23, 2017, 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 January 30, 2017. In accordance with the Rules, paragraph 5, the due date for Response was February 19, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 23, 2017.

The Center appointed Alistair Payne as the sole panelist in this matter on March 1, 2017. 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 leading tire company that also offers electronic mobility support services “ViaMichelin.com” and publishes travel guides, hotel and restaurant guides, maps and road atlases. The Complainant has operations worldwide including in Europe, North America and Asia.

The Complainant owns numerous trade mark registrations worldwide for its MICHELIN mark including International trade mark MICHELIN No. 348615, dated July 24, 1968, designating a range of other countries and based on French trade mark registration No. 720 185. The Complainant also operates various websites to promote its goods and services including its website at “www.michelin.com”.

The disputed domain name was originally registered in October 2005. The disputed domain name redirects towards several random websites which at times correspond to parking pages displaying...