Decisión del Panel Administrativo nº D2015-2213 of WIPO Arbitration and Mediation Center, January 29, 2016 (case Symantec Corporation v. Alma Shabake, Alma)

Resolution DateJanuary 29, 2016
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Symantec Corporation v. Alma Shabake, Alma

Case No. D2015-2213

1. The Parties

The Complainant is Symantec Corporation of Mountain View, California, United States of America (“United States”) represented by Donahue Fitzgerald LLP, United States.

The Respondent is Alma Shabake, Alma of Tehran, Islamic Republic of Iran (“Iran”).

2. The Domain Name and Registrar

The disputed domain name [symantec-alma.com] (the “Domain Name”) is registered with Tucows Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 5, 2015. On December 7, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On December 7, 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 10, 2015. In accordance with the Rules, paragraph 5, the due date for Response was December 30, 2015. On December 21, the Respondent submitted an informal communication. No formal response was received and the Center sent a procedural update on January 4, 2016, notifying the Parties that an Administrative Panel shall be appointed.

The Center appointed Dawn Osborne as the sole panelist in this matter on January 15, 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.

4. Factual Background

The Complainant has trade mark registrations for its SYMANTEC mark around the world, including in the United Arab Emirates since 2006, having used this mark in commerce, for software and related goods and services since 1985 in the United States.

The Domain Name was registered in 2014. It has been used for a site that purports to be a distributor of the Complainant in Iran, makes prominent use of the Complainant’s SYMANTEC trade mark and one of its registered logo marks without authorization and offers third party products including products that compete with the Complainant’s products.

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