Decisión del Panel Administrativo nº D2015-2169 of WIPO Arbitration and Mediation Center, February 01, 2016 (case OLX B.V. v. Esteban Alberto Rivera Leiva)
| Resolution Date | February 01, 2016 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is OLX B.V. of Hoofddorp, the Netherlands, represented by CSC Digital Brand Services AB, Sweden.
The Respondent is Esteban Alberto Rivera Leiva of Lima, Peru.
The disputed domain name [olxperu.net] is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 30, 2015. On December 1, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on December 7, 2015. In accordance with the Rules, paragraph 5, the due date for Response was December 27, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 28, 2015.
The Center appointed Alexander Duisberg as the sole panelist in this matter on January 12, 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.
The Panel issued a procedural order as of January 21, 2016 in which it requested the Complainant to submit missing copies of Peruvian trademark certificates to which the Complainant referred to inter alia in page 5 and Annex 6 of the Complaint and providing the Respondent an opportunity to comment. By response email dated January 22, 2016 the Complainant submitted the aforementioned Peruvian trademark certificates. The Respondent did not reply to this order.
The Complainant operates online classified platforms which enable users inter alia to buy and sell a wide range of products including vehicles, real estate and electronics; to offer and solicit a great variety of services such as baby sitting, event services and repairs; to search for jobs; and to design ads to post on the Complainant’s website. The Complainant was founded in 2006 and it has several offices around the world including Buenos Aires, Cape Town, Delhi, São Paulo and Rio de Janeiro and maintains subsidiaries in Argentina, Pakistan and China.
The Complainant is the owner of several registered trademarks bearing the OLX designation as word mark and figurative mark. It has submitted respective trademark register excerpts from several trademark offices such as Peru, Mauritius, Dominican Republic, Rwanda, Switzerland, Zanzibar, Pakistan, and the European Community (“OLX Trademarks”). The Complainant has also registered more than 900 domain names incorporating the term “OLX”...
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