Decisión del Panel Administrativo nº D2016-2533 of WIPO Arbitration and Mediation Center, February 13, 2017 (case TP-Link International Limited v. Gurdeeppal Singh, RLS)

Resolution DateFebruary 13, 2017
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

TP-Link International Limited v. Gurdeeppal Singh, RLS

Case No. D2016-2533

1. The Parties

The Complainant is TP-Link International Limited of Hong Kong, China, represented by LTL Attorneys LLP, United States of America (“United States”).

The Respondent is Gurdeeppal Singh, RLS of Nangal, India.

2. The Domain Name and Registrar

The disputed domain name [tplinkwifinet.net] is registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 15, 2016. On December 15, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 15, 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.

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 January 6, 2017. In accordance with the Rules, paragraph 5, the due date for Response was January 26, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 27, 2017.

The Center appointed Antony Gold as the sole panelist in this matter on January 31, 2017. 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 is an associated company of business of TP-Link Technologies, Co Ltd (“TP-Link Tech”). The business of TP-Link Tech is the manufacture and sale of computer network products. It was formed in 1996 and has traded as TP-Link since that time. Total worldwide group sales now exceed USD 1 billion. TP-Link Tech has a number of routes to market including third-party online retailers and bricks and mortar stores as well as a number of its own websites, which include a website at “www.tp-link.com”. This website provides information about the Complainant together with an online store at which the Complainant’s products, including a wide selection of its wi-fi routers, are available for purchase.

The Complainant is the owner of various registered trade marks for TP-LINK, the first of which was applied for in 2005. These marks are licensed to TP-Link Tech. Some of the Complainant’s trade marks are in a lightly stylized form. United States trade mark number 3,175,495 is a word only mark for TP-LINK registered on November 21, 2006, in International Class 9 for (amongst other goods) modems, optical fibre converters network switches, network hubs and routers.

The disputed domain name was registered by the Respondent on May 2, 2016. It points to a website, the home page of which...

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