Decisión del Panel Administrativo nº D2016-1660 of WIPO Arbitration and Mediation Center, October 14, 2016 (case Société des Produits Nestlé S.A. v. Elchapo Guzman, Turkticaret.net)
| Resolution Date | October 14, 2016 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Société des Produits Nestlé S.A. of Vevey, Switzerland, represented by Studio Barbero, Italy.
The Respondent is Elchapo Guzman, Turkticaret.net of Istanbul, Turkey.
The disputed domain name [nidonestle.com] is registered with Reg2C.com Inc. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 16, 2016. On August 17, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 18, 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.
Pursuant to the Complaint submitted in English and the Registrar’s confirmation that Turkish is the language of the registration agreement, on August 30, 2016 the Center requested Parties to submit their comments on the language of the proceeding. On August 30, 2016, the Complainant submitted its request for English to be the language of the proceeding, by reference to the Complaint. The Respondent did not submit any comment on the language of the proceeding.
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 September 5, 2016. In accordance with the Rules, paragraph 5, the due date for Response was September 25, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 26, 2016.
The Center appointed Dilek Üstün Ekdial as the sole panelist in this matter on September 28, 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 Complainant is a Swiss wholly owned company of Nestlé S.A. and owns the majority of the trademarks used under license by the Nestlé Group of companies.
Nestlé Group provides products and services all over the world in various industries, primarily in the food industry, including baby foods, breakfast cereals, chocolate and confectionery, beverages, bottled water, dairy products, ice cream, prepared foods, food services and is also active in the pharmaceutical and pet-care industries. Nestlé Group has more than 330,000 employees and markets its products worldwide. It is one of the world's largest food consumer products companies in terms of sales.
Nestlé Group is present in more than 80 countries with 436 factories. The Complainant began its presence in Turkey in 1909. After opening its first sales office in Karaköy, Nestlé opened its first chocolate factory...
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