Decisión del Panel Administrativo nº D2016-2518 of WIPO Arbitration and Mediation Center, February 08, 2017 (case Transportes Aeromar, S.A. de C.V. v. Domain Admin, Whois Privacy Corp.)

Resolution DateFebruary 08, 2017
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Transportes Aeromar, S.A. de C.V. v. Domain Admin, Whois Privacy Corp.

Case No. D2016-2518

1. The Parties

The Complainant is Transportes Aeromar, S.A. de C.V. of Mexico City, Mexico, represented by Lex Informática Consultores, Mexico.

The Respondent is Domain Admin, Whois Privacy Corp. of Nassau, Bahamas.

2. The Domain Name and Registrar

The disputed domain name [aeromarairlines.com] is registered with TLD Registrar Solutions Ltd. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 14, 2016. On the same date, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 27, 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 3, 2017. In accordance with the Rules, paragraph 5, the due date for Response was January 23, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 24, 2017.

The Center appointed Leticia Caminero as the sole panelist in this matter on January 26, 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 Transportes Aeromar, S.A. de C.V., a Mexican corporation, owner of several AEROMAR registered trademarks, which have been in use since its incorporation in 1987. Some of the trademark registrations are: AEROMAR (combined mark), and AEROMAR (word mark) in Mexico, as well as, AEROMAR (word mark) in the United States of America. The Complainant is active in the airline industry, presently...

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