Decisión del Panel Administrativo nº D2015-2299 of WIPO Arbitration and Mediation Center, January 28, 2016 (case Facebook Inc. v. Kristjan Eichler, WebExpress LLC / Arvuti LLC)
| Resolution Date | January 28, 2016 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Facebook Inc. of Menlo Park, California, United States of America (“United States”) represented by Hogan Lovells (Paris) LLP, France.
The Respondent is Kristjan Eichler, WebExpress LLC / Arvuti LLC of Tallinn, Harju, Estonia.
The disputed domain names [facebookblocker.com], [facebookbusiness.com] and [facebook-for-business.com] are registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 17, 2015. On December 17, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On December 17, 2015, 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 December 22, 2015. In accordance with the Rules, paragraph 5, the due date for Response was January 11, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 12, 2016.
The Center appointed Petter Rindforth as the sole panelist in this matter on January 18, 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.
The Panel shall issue its Decision based on the Complaint, the Policy, the Rules, the Supplemental Rules, and without the benefit of any Response from the Respondent.
The Complainant, founded in 2004, provides online social networking services worldwide, and is the owner a number of trademark registrations for FACEBOOK, including:
- Community Trademark (CTM) No. 002483857 FACEBOOK, registered on June 13, 2003;
- Community Trademark (CTM) No. 006455687 FACEBOOK, registered on October 7, 2008;
-- International Trademark No. 1075094, FACEBOOK, designating 25 countries around the world, registered on July 16, 2010;
-- United States Trademark No. 3041791 FACEBOOK, registered on January 10, 2006 (first use in commerce in 2004);
-- United States Trademark No. 3122052 FACEBOOK, registered on July 25, 2006 (first use in commerce in 2004).
The disputed domain name [facebookbusiness.com] was registered on December 25, 2014 and the disputed domain names [facebook-for-business.com] and [facebookblocker.com] were registered on January 5, 2015. No information is provided about the Respondent’s activities, apart from what is mentioned below by the Complainant.
The Complainant describes itself as the world’s leading provider of online social networking services, allowing Internet users to stay connected with friends and family, and to share information mainly via its website available at “www.facebook.com”.
The Complainant has more than 1.55 billion monthly active users and 1.01 billion daily active users on average worldwide (as of September 2015). Its main website “www.facebook.com” is currently ranked as the second most visited website in the world and the third most visited website in Estonia. With approximately 83.5% of its daily active users outside the United States and Canada, the Complainant’s social networking services are provided in more than 70 languages, including Estonian. The Complainant’s trademark FACEBOOK is currently one of the most famous trademarks in the world.
“Facebook for Business” is an official Facebook page available at “www.facebook.com/business”, where the Complainant offers small, medium and large businesses information on how to use Facebook to help their business grow, including how...
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