Decisión del Panel Administrativo nº D2015-2137 of WIPO Arbitration and Mediation Center, January 30, 2016 (case Council on International Educational Exchange v. Martin Schola / Petra Novak / CN Exchange)

• Resolution Date: January 30, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Cancellation
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Council on International Educational Exchange v. Martin Schola / Petra Novak / CN Exchange

Case No. D2015-2137

1. The Parties

Complainant is Council on International Educational Exchange of Portland, Maine, United States of America, represented by Bernstein Shur, United States of America.

Respondent is Martin Schola / Petra Novak / CN Exchange of Sunnyvale, California, United States of America.

2. The Domain Name and Registrar

The disputed domain name [consiexchange.com] (the “Domain Name”) is registered with Melbourne IT Ltd (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 24, 2015. On November 25, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On November 26, 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 December 2, 2015. In accordance with the Rules, paragraph 5, the due date for Response was December 22, 2015. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on December 23, 2015.

The Center appointed Christopher S. Gibson as the sole panelist in this matter on January 4, 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

Complainant is the owner of the trademarks COUNCIL ON INTERNATIONAL EDUCATIONAL EXCHANGE and CIEE, registered in the United States on November 12, 1996 and November 26, 1996, respectively. The marks are used in association with international educational exchange programs. Complainant has used these marks in commerce since and has registered its trademarks internationally.

Complainant owns the domain name [ciee.org], which was registered on September 21, 1994.

The Domain Name was registered on November 10, 2015.

5. Parties’ Contentions

A. Complainant

(i) Identical or confusingly similar

Complainant contends that the Domain Name is confusingly similar to...