Decisión del Panel Administrativo nº D2015-0574 of WIPO Arbitration and Mediation Center, May 19, 2015 (case Mövenpick Holding AG v. Domains For Sale and Lease)

Resolution DateMay 19, 2015
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Mövenpick Holding AG v. Domains For Sale and Lease

Case No. D2015-0574

1. The Parties

The Complainant is Mövenpick Holding AG of Baar, Switzerland, represented by BrandIT Legal AB, Sweden.

The Respondent is Domains For Sale and Lease of Jersey, United Kingdom of Great Britain and Northern Ireland ("UK").

2. The Domain Name and Registrar

The disputed domain name [moevenpickresort.com] is registered with OnlineNic, Inc. d/b/a China-Channel.com (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on April 1, 2015. On April 1, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 2, 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 April 10, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was April 30, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on May 1, 2015.

The Center appointed Nicoletta Colombo as the sole panelist in this matter on May 7, 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.

4. Factual Background

Mövenpick Holding AG is a Swiss group of companies with global presence. Its core business is hospitality, with a focus on gastronomy, hotels, wine and premium branded products. The Complainant is present in Europe, the Middle East, Africa, Asia and North America. In 2013, the Complainant employed approximately 20,000 people world-wide. Mövenpick Hotels & Resorts is an international Swiss hotel chain which is part of the Complainant's group and counts among the 50 leading hotel groups in the world.

The Complainant owns several registrations for the word mark for MÖVENPICK, also in the UK where the Respondent lists its address of record, UK trademark registration UK0001387773A (registered in 1992), International Trademark Registration No. 865120 (registered in 2004) and International Trademark Registration No. 790391...

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