Decisión del Panel Administrativo nº D2015-0387 of WIPO Arbitration and Mediation Center, May 18, 2015 (case STOXX AG v. Comdot Internet Services Private Limited)
| Resolution Date | May 18, 2015 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
1.1 The Complainant is STOXX AG of Zurich, Switzerland, represented by Meisser & Partners, Switzerland (the "Complainant").
1.2 The Respondent is Comdot Internet Services Private Limited of Mumbai, Maharashtra, India (the "Respondent").
2.1 The disputed domain name [eurostoxx.com] (the "Disputed Domain Name") is registered with PDR Ltd. d/b/a PublicDomainRegistry.com (the "Registrar").
3.1 The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on March 5, 2015. On March 5, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On March 6, 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.
3.2 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").
3.3 In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceeding commenced on March 18, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was April 7, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on April 9, 2015.
3.4 The Center appointed Ike Ehiribe as the sole panelist in this matter on April 23, 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.
4.1 The Complainant in this administrative proceeding is STOXX AG incorporated in Switzerland and is an established and leading index specialist with a European heritage. The Complainant launched its first STOXX index in 1998 including the EURO STOXX 50 index, which marked the beginning of the Complainant's story. The Complainant claims to have since then been at the forefront of market developments, continuously expanding its portfolio of innovative indices. The Complainant is thus said to be committed to delivering high-quality, reliable and trusted indices to its global client base. The indices are said to be licensed to the world's largest issuers of financial products, capital owners and asset managers as well as to more than 500 companies around the world, and are used not only for underlyings for financial products such as exchange-traded funds (ETFs), futures, and options and structured products, but also for risk and performance measurement. The Complainant is said to be also the marketing agent for indices of Deutsche Borse and SIX, among them the DAX and SMI indices.
4.2 The Complainant also provides various indices including various EURO STOXX indices. The EURO STOXX indices represents European companies including large, mid and small capitalization companies of 12 Eurozone countries, namely Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal and Spain. The Complainant's registered trademarks namely, STOXX, EURO STOXX and EURO STOXX 50, are quoted in...
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