Decisión del Panel Administrativo nº D2016-0595 of WIPO Arbitration and Mediation Center, May 17, 2016 (case The Dow Chemical Company and E. I. du Pont de Nemours and Company v. Mario Rojas Serra)
| Resolution Date | May 17, 2016 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
Complainants are The Dow Chemical Company (“Dow”) of Midland, Michigan, United States of America and E. I. du Pont de Nemours and Company (“DuPont”) of Wilmington, Delaware, United States of America, represented by The GigaLaw Firm, United States of America.
Respondent is Mario Rojas Serra of Madrid, Spain.
The disputed domain name is [dowdupontchemicals.com] which is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 27, 2016. On March 29, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On the same date the Registrar transmitted by email to the Center its verification response confirming that 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 Respondent of the Complaint, and the proceedings commenced on April 5, 2016. In accordance with the Rules, paragraph 5, the due date for Response was April 25, 2016. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on April 26, 2016.
The Center appointed Gerardo Saavedra as the sole panelist in this matter on May 6, 2016. This Panel finds that it was properly constituted. This 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.
Dow has rights over the DOW and DOW and design trademarks for which it holds, among others, the following trademark registrations: (i) No. 0140588 with the United States Patent and Trademark Office (“USPTO”), registered on March 22, 1921 in classes 1, 2, 3, 4 and 5, with stated first use in commerce in 1895; (ii) No. 150740 with the People’s Republic of China Trademark Office (“PRCTO”), registered on September 30, 1981 in class 3; and (iii) No. 14307915 with the PRCTO, registered on June 7, 2015 in class 31.
DuPont has rights over the DUPONT and DUPONT and design trademarks for which it holds, among others, the following trademark registrations (i) No. 0367414 with the USPTO, registered on May 16, 1939 in class 4, with stated first use in commerce in 1926, and (ii) No. 3741509 with the USPTO, registered on January 26, 2010 in classes 1, 3 and 17.
DuPont is the registrant of the domain name [dupont.com] which was created on July 27, 1987.
Dow is the registrant of the domain name [dow.com] which was created on December 10, 1992.
On December 8, 2015, several media provided press coverage on the merger discussions of Complainants.
The disputed domain name was created on December 9, 2015.
On December 11, 2015, Complainants publicly announced their merger plan.
Complainants’ assertions may be summarized as follows.
Dow, founded in 1897, is one of the world’s largest chemical companies, and its stock is publicly traded in the New York Stock Exchange. In 2015, Dow had annual sales of nearly USD 49 billion and employed approximately 49,500 people worldwide. Dow’s more than 6,000 product families are manufactured at 179 sites in 35 countries across the globe. Dow owns at least 1,845 registrations in at least 166 countries or geographic regions worldwide for trademarks that consist of or contain the trademark DOW.
DuPont, founded in 1802, is one of the most successful science and engineering companies in the world, and its stock is publicly traded in...
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