Decisión del Panel Administrativo nº DNL2016-0053 of WIPO Arbitration and Mediation Center, December 02, 2016 (case Koninklijke KPN N.V. v. Gaststaette Rasthaus)

• Resolution Date: December 02, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Países Bajos (.nl)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Koninklijke KPN N.V. v. Gaststaette Rasthaus

Case No. DNL2016-0053

1. The Parties

The Complainant is Koninklijke KPN N.V. of The Hague, the Netherlands, internally represented.

The Respondent is Gaststaette Rasthaus of Winterfeld, Germany.

2. The Domain Name and Registrar

The disputed domain name [kpnwinkels.nl] is registered with SIDN through EuroDNS S.A.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 29, 2016. On September 29, 2016, the Center transmitted by email to SIDN a request for registrar verification in connection with the disputed domain name. On September 30, 2016, SIDN 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 Dispute Resolution Regulations for .nl Domain Names (the “Regulations”).

In accordance with the Regulations, articles 5.1 and 16.4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on October 3, 2016. In accordance with the Regulations, article 7.1, the due date for Response was October 23, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 25, 2016.

The Center appointed Tjeerd F.W. Overdijk as the panelist in this matter on November 4, 2016. The Panel finds that it was properly constituted. The Panelist has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required to ensure compliance with the Regulations, article 9.2.

4. Factual Background

The Complainant is a leading telecommunication and ICT service provider in the Netherlands, and is the owner of the following trademarks:

- Benelux trademark KPN with registration number 0794003 of March 2, 1993 (Annex 4);

- European Union trademark KPN with registration number 005310099 of May 26, 2008 (Annex 5);

- Benelux figurative trademark KPN with registration number 1107268 of March 22, 2006 (Annex 6); and

- European Union figurative trademark KPN with registration number 0911242 of September 11, 2006 (Annex 7).

The abovementioned trademarks were registered for goods and services in classes 9 (telecom), 35 (advertising), 37 (installing of telecom), 38 (telecom...