Decisión del Panel Administrativo nº D2013-1804 of WIPO Arbitration and Mediation Center, December 05, 2013 (case JPMorgan Chase Co. v. Marcos Cutino, Chase Savings and Loans)
| Resolution Date | December 05, 2013 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is JPMorgan Chase & Co. of New York, New York, United States of America (“US”), represented internally.
The Respondent is Marcos Cutino, Chase Savings and Loans of Mixco, Guatemala.
The disputed domain names [chase-payment-system.com], [chasepaymentsystem.com], [chase-payment-system.info], [chasepaymentsystem.info], [chase-payment-system.net], [chasepaymentsystem.net], [chase-payment-system.org], [chasepaymentsystems.biz], [chase-paymentsystems.com], [chasepaymentsystems.info], [chase-paymentsystems.net], [chasepaymentsystems.org] and [chasesandl.com] (the “Domain Names”) are registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 22, 2013. On October 22, 2013, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Names. On October 22, 2013, 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”).
On November 1 and 2, 2013, the Center received two email communications from the Respondent. The Center acknowledged their receipt on November 4, 2013.
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 November 4, 2013. In accordance with the Rules, paragraph 5(a), the due date for Response was November 24, 2013. The Respondent did not submit any formal response. Accordingly, the Center notified the Parties about the commencement of panel appointment process on November 25, 2013.
On November 25, 2013, the Center received two email communications from the Respondent. The Center acknowledged their receipt on November 27, 2013. On November 27, 2013, the Center received another email communication from the Respondent. The Center acknowledged its receipt on November 28, 2013.
The Center appointed Nicholas Smith as the sole panelist in this matter on December 2, 2013. 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.
On December 2, 2013, the Center received a further email communication from the Respondent. The Center acknowledged its receipt on December 3, 2013.
The Complainant is a bank holding corporation headquartered in New York, in the US. Since 1877, the Complainant and its predecessors have provided banking services to customers in the US and world-wide. The Complainant has a physical presence in over 50 countries.
The Complainant is the owner of a word trade mark consisting of the word “Chase” (the “CHASE Mark”), for use for various banking services in the US, which it first registered on January 24, 1989 (registration no. 1521765). The CHASE Mark has been used extensively since that date. The CHASE Mark is also registered in Mexico (registration no. 561810 of October 30, 1997), the location claimed by the Respondent. The Complainant also maintains a website at “www.chase.com” through which it offers its services to its customers.
The Domain Name [chasesandl.com] was registered on April 22, 2010. The other Domain Names were registered on or around May 17, 2013. The Domain Names [chase-payment-system.com], [chase-payment-system.info], [chase-payment-system.net], [chase-payment-system.org], [chasepaymentsystems.biz], [chase-paymentsystems.com], [chase-paymentsystems.net], [chasepaymentsystems.org] and [chasesandl.com] currently resolve to a website (“Respondent’s First Website”) located at the domain name [chasesandl.com] which refers to “Chase Savings and Loans” and appears to offer banking services in competition with the Complainant, however it is not clear if the site is active in any way. The Domain Names...
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