Decisión del Panel Administrativo nº D2014-0400 of WIPO Arbitration and Mediation Center, June 06, 2014 (case Javier Zetter Casillas v. Domain Hostmaster/ Vertical Axis Inc.)

• Resolution Date: June 06, 2014
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Complaint denied
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Javier Zetter Casillas v. Domain Hostmaster/ Vertical Axis Inc.

Case No. D2014-0400

1. The Parties

The Complainant is Javier Zetter Casillas of Guadalajara, Mexico, represented by AN-KI, Mexico.

The Respondent is Domain Hostmaster of Fortitude Valley, Australia / Vertical Axis Inc. of Christ Church, Barbados, represented by ESQwire.com PC, United States of America.

2. The Domain Name and Registrar

The disputed domain name [bigbang.com] is registered with Fabulous.com (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 13, 2014. On March 14, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On March 17, 2014, 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 March 17, 2014 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 March 20, 2014.

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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced March 24, 2014. In accordance with the Rules, paragraph 5(a), the due date for Response was April 13, 2014. Due to exceptional circumstances, the Respondent was given an extension until April 20, 2014 to file a Response. The Response was filed with the Center April 20, 2014.

The Center appointed Johan Sjöbeck, Pablo A. Palazzi and The Hon Neil Brown Q.C. as panelists in this matter on May 23, 2014. The Panel finds that it was properly constituted. Each member of 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 submitted a Supplemental Filing to the Center on June 6, 2014. Because this filing was made very late in the proceeding, the Panel, in its discretion, has elected not to consider it.

4. Factual Background

The Complainant has submitted evidence that it is the owner of the following trademark registrations:

BIG BANG IDENTIDAD EMPRESARIAL with Mexican trademark registration No. 1049351 and filing date June 9, 2006.

BIG BANG IDENTIDAD EMPRESARIAL with US trademark registration No. 3.658.634 and filing date May 8, 2007.

BIG BANG IDENTIDAD EMPRESARIAL with Mexican trademark registration No. 1068669 and filing date September 22, 2008.

BIG BANG IDENTIDAD EMPRESARIAL with US trademark registration No. 4.049.648 and filing date February 24, 2009.

BIG BANG with Canadian trademark registration No. 848.967 and filing date June 21, 2010.

BIG BANG with Mexican trademark registration No. 1190397 and filing date August 16, 2010.

BIG BANG EXECUTIVE with Mexican trademark registration No. 1240667 and filing date April 15, 2011.

BIG BANG IDENTIDAD EMPRESARIAL with European CTM trademark registration No. 10351369 and filing date October 19, 2011.

The disputed domain name [bigbang.com] was registered by the Respondent on March 3, 2006.

5. Parties’ Contentions

A. Complainant

The Complainant manufactures and distributes uniforms in Mexico, the United States, Canada and the European Community. The Complainant uses the trademarks BIG BANG and/or BIG BANG EXECUTIVE and/or BIG BANG IDENTIDAD EMPRESARIAL to distinguish its goods and services. The principal element of the Complainant’s trademarks is BIG BANG. The disputed domain name [bigbang.com] reproduces the trademark BIG BANG. The disputed domain name is confusingly similar to the trademarks BIG BANG EXECUTIVE and BIG BANG IDENTIDAD EMPRESARIAL owned by the Complainant.

The Respondent should be considered as having no rights or legitimate interests in respect of the disputed domain name. The Respondent is not known as “Big Bang” and the Respondent has no trademark or service mark registrations for the term “Big Bang”. Since the...