Decisión del Panel Administrativo nº D2016-2591 of WIPO Arbitration and Mediation Center, February 10, 2017 (case Obero Inc. v. Domain Manager, eWeb Development Inc.)
| Resolution Date | February 10, 2017 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Complaint denied |
| Dominio | Generic Domains |
The Complainant is Obero Inc. of Vaughan, Ontario, Canada, internally represented.
The Respondent is Domain Manager, eWeb Development Inc. of Richmond, British Columbia, Canada, represented by Muscovitch Law P.C., Canada.
The disputed domain name [obero.com] is registered with Alpine Domains Inc. (the "Registrar").
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on December 21, 2016. On December 21, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 23, 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 January 3, 2017. In accordance with the Rules, paragraph 5, the due date for Response was January 23, 2017. The Response was filed with the Center on January 19, 2017.
The Center appointed Christopher J. Pibus as the sole panelist in this matter on February 1, 2017. 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.
The Complainant is a company located in Vaughan, Ontario, Canada and is the owner of the trademark OBERO in Canada under Registration No. TMA 940,331, registered on June 8, 2016. The Complainant provides corporate performance management software to assist its clients with budgeting, forecasting and reporting processes. The Complainant was incorporated in 2010, and claims a date of first use of its trademark and trade name of September 23, 2010.
The disputed domain name [obero.com] was registered by the Respondent on July 28, 2008...
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