Decisión del Panel Administrativo nº D2015-0389 of WIPO Arbitration and Mediation Center, April 16, 2015 (case Go Sport v. Clara Toussaint)
| Resolution Date | April 16, 2015 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Go Sport of Sassenage, France represented by Fidal, France.
The Respondent is Clara Toussaint of Paris, France.
The disputed domain name [gosport-nike.com] is registered with 1API GmbH (the "Registrar").
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on March 5, 2015. On March 5, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On March 9, 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on March 10, 2015.
On March 12, 2015 the Center received an email from Ms. Sophie Dourdin, claiming that the disputed domain name was registered without her knowledge or authorization by a third party using her mailing address. Ms. Dourdin filed a criminal complaint for identity fraud on March 12, 2015. Since Ms. Dourdin is not the domain name holder, the Complaint was not initiated against her, and the use of her mailing address has no consequence on the proceedings, Ms. Dourdin being a third party.
In accordance with the Rules, paragraph 5(a), the due date for Response was March 30, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on March 31, 2015.
The Center appointed Isabelle Leroux as the sole panelist in this matter on April 2, 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.
The Complainant is a major French company specialized in the distribution of sporting and leisure goods, operating via two networks of stores: GO SPORT and COURIR.
The Complainant was created in 1978 and employs more than 4,300 employees worldwide, operating stores mainly in France but also in Poland, Belgium, the United Arab Emirates, Qatar, Morocco, Kuwait, Tunisia and Jordan.
The Complainant is the owner of a large number of trademarks registered in France as well as in many countries worldwide and notably:
- French word and device trademark GO SPORT registered on July 5, 1991 under number 1678206 covering products in classes 25 and 28;
- French word and device trademark GO...
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