Decisión del Panel Administrativo nº D2016-1198 of WIPO Arbitration and Mediation Center, August 19, 2016 (case Montres Breguet SA, Tissot SA, Blancpain SA v. Fancy Bandwith, Fancy Bandwith Inc.)

• Resolution Date: August 19, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Montres Breguet SA, Tissot SA, Blancpain SA v. Fancy Bandwith, Fancy Bandwith Inc.

Case No. D2016-1198

1. The Parties

The Complainant is Montres Breguet SA of L’Abbaye, Switzerland, Tissot SA of Le Locle, Switzerland and Blancpain SA of Le Brassus, Switzerland, represented by Accent Law Group, Inc., United States of America (“United States”).

The Respondent is Fancy Bandwith, Fancy Bandwith Inc. of Los Angeles, California, United States.

2. The Domain Names and Registrar

The disputed domain names [wwwblancpain.com], [wwwbreguet.com] and [wwwtissot.com] are registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 13, 2016. On June 14, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On June 15, 2016, 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 July 1, 2016. In accordance with the Rules, paragraph 5, the due date for Response was July 21, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on July 25, 2016.

The Center appointed Pablo A. Palazzi as the sole panelist in this matter on August 2, 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.

4. Factual Background

The Complainants are three manufacturers of watches.

The Complainant Montres Breguet SA is a watch manufacturing establishment that has been using the trademark BREGUET since the year 1775. The Complainant is the owner of the trademark BREGUET registered in the European Union, the United States and 38 other jurisdictions, among others, International Registration no. 566731 of January 22, 1991.

The Complainant Tissot SA is a manufacturer of specialty wristwatches. The Complainant Tissot SA is the owner of the TISSOT trademark registered in European Union, the United States and 62 other jurisdictions, among others, International Registration no. 729106 of February 23, 2000. The trademark has been in use for over 160 years.

The Complainant Blancpain SA is the owner of the BLANCPAIN trademark registered in the European Union, the United States and several other jurisdictions, among others, International Registration No. 190558 of February 8, 1956. The trademark has been in use since the year 1735.

The disputed domain names are being used to redirect Internet users to an online shop offering watches for sale.

The disputed domain names were all registered on February 14, 2012.

5. Parties’ Contentions

A. Complainant

Each of the disputed domain names are identical or confusingly similar to one of the trademarks owned by the Complainants. The Respondent initially attracts...