Decisión del Panel Administrativo nº D2016-1257 of WIPO Arbitration and Mediation Center, August 18, 2016 (case Veolia Environnement SA v. Whoisproxy.com LTD / Lukasz Witkowski)

• Resolution Date: August 18, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Veolia Environnement SA v. Whoisproxy.com LTD / Lukasz Witkowski

Case No. D2016-1257

1. The Parties

The Complainant is Veolia Environnement SA of Paris, France, internally represented.

The Respondent is Whoisproxy.com LTD of Auckland, New Zealand / Lukasz Witkowski of Warsaw, Poland.

2. The Domain Names and Registrars

The disputed domain names [veoliapolska.biz], [veolia-polska.com], [veoliapolska.com] and [veolia-polska.net] are registered with Key-Systems GmbH dba domaindiscount24.com.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 21, 2016. On June 22, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On June 22, 2016, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain names which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on June 23, 2016 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on June 30, 2016.

The Center verified that the amended 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 July 4, 2016. In accordance with the Rules, paragraph 5, the due date for Response was July 24, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on July 25, 2016.

The Center appointed Piotr Nowaczyk as the sole panelist in this matter on August 4, 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 is the holding company of Veolia group which is active in three main service and utility areas traditionally managed by public authorities – water management, waste management and energy services.

The Complainant is the holder of various trademark registrations such as:

European Union Trademark registration No. 0910325 for VEOLIA registered on March 10, 2006 to cover services in classes 9, 11, 16, 35, 36, 37, 38, 39, 40,41, 42 and 44;

International Trademark registration No. 814678 for VEOLIA registered on September 11, 2003 to cover services in classes 1, 6, 9, 11, 17, 19, 32, 35, 36, 37, 39, 40, 41 and 42;

International Trademark registration No. 919580 for...