Decisión del Panel Administrativo nº D2014-1648 of WIPO Arbitration and Mediation Center, November 18, 2014 (case The Citco Group Limited v. David Johnson)
| Resolution Date | November 18, 2014 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is The Citco Group Limited of London, United Kingdom of Great Britain and Northern Ireland (the "UK"), represented by Paul, Weiss, Rifkind, Wharton & Garrison, United States of America ("USA").
The Respondent is David Johnson of Mississauga, Ontario, Canada
The disputed domain name [citcotrustcorp.com] is registered with GoDaddy.com, LLC (the "Registrar").
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on September 23, 2014. On September 24, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On September 25, 2014, 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on October 2, 2014. In accordance with the Rules, paragraph 5(a), the due date for Response was October 22, 2014. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on October 23, 2014.
The Center received Complainant's first supplemental filing on October 2, 2014. The Center received Complainant's second supplemental filing on October 3, 2014. The Center received Complainant's third supplemental filing on October 9, 2014.
The Center appointed Christian Schalk as the sole panelist in this matter on November 4, 2014. 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 has reviewed the record and confirms the Complaint's compliance with the formal requirements. The Complaint was properly notified to the Respondent in accordance with paragraph 2(a) and (b) of the Rules. The language of the proceedings is English.
The Panel decided not to accept the supplemental filings of the Complainant of October 2, 3 and 9, 2014. In accordance with paragraph 12 of the Rules, it is in the Panel's sole discretion to accept further statements from either party. It is a key principle of the UDRP that both parties have to present all their arguments in the Complaint and in the Response. Supplemental filings have to remain an exception and always require a special justification as to their relevance for the case.
The Panel finds that there are no such exceptional circumstances in this case since the supplemental filings contain only further evidence to support the complainant's arguments made already in the Complaint.
The Complainant was founded more than 75 years ago and is a parent company of a worldwide group of independent financial service providers. The Complainant and its group companies provide services such as hedge fund administration, custody and fund trading, financial products and corporate and trust planning solutions to hedge funds, private equity and real estate firms, institutional firms and global 1,000 companies. The Complainant's group of companies employ more than 5,000 individuals in more than 40 countries. One of its affiliates, Citco Trust Corporation Limited, provides services especially in the field of hedge fund administration.
The Complainant owns the following trademarks:
- U.S. trademark registration No. 1729810 for the word mark CITCO, filing date October 17, 1990, covering services in International Class 36;
- U.S. trademark registration No. 1957001 for the word and device mark CITCO, filing date October 1, 1993, covering services in International Classes 35 and 36.
The Panel's own searches in the "tm view" database of the European Office for Harmonization in the Internal Market (OHIM) revealed further trademark rights of the Complainant in the term "Citco" in numerous European countries. They all predate the date of registration of the disputed domain name which took place on July 27, 2014.
An earlier version of the website to which the disputed domain name resolves shows as headline the name "Citco Trust Corporation". Below it is written "International Investment & Asset Management". In the center of the website, the Respondent describes themself among others as "a research-driven investment firm that is global in scope and client-centered in its mission." The website includes also sponsored links to companies like "Pioneer Investments, WIOF (World Investment Opportunities Funds) and Piraeus Real Estate".
A later version of the website to which the disputed domain name resolves features the name...
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