Decisión del Panel Administrativo nº D2016-1333 of WIPO Arbitration and Mediation Center, August 22, 2016 (case Volkswagen AG v. Domain Admin, whoisprotection.biz / Muzaffer Elidemir)

• Resolution Date: August 22, 2016
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Cancellation
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Volkswagen AG v. Domain Admin, whoisprotection.biz / Muzaffer Elidemir

Case No. D2016-1333

1. The Parties

The Complainant is Volkswagen AG of Wolfsburg, Germany, represented by Drzewiecki, Tomaszek & Wspólnicy Spólka Komandytowa, Poland.

The Respondent is Domain Admin, whoisprotection.biz of Istanbul, Turkey / Muzaffer Elidemir of Kırıkkale, Turkey.

2. The Domain Name and Registrar

The disputed domain name [volkswagen.ist] is registered with FBS Inc. (the “Registrar”).

3. Procedural History

The Complaint in English was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 30, 2016. On June 30, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 1, 2016, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on July 1, 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 amendment to the Complaint on July 4, 2016. Further to the Center’s communication regarding the language of the proceeding in both Turkish and English, the Complainant submitted its request for English to be the language of the proceeding on July 4, 2016. The Respondent did not reply.

The Center verified that the Complaint together with the amendment to 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 in English and Turkish, and the proceedings commenced on July 8, 2016. In accordance with the Rules, paragraph 5, the due date for Response was July 28, 2016. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on July 29, 2016.

The Center appointed Uğur G. Yalçıner as the sole panelist in this matter on August 8, 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 Volkswagen founded in 1937 and is one of the world’s leading automobile manufacturers and the largest car maker in Europe. As stated by the Complainant, as at 2014, the Group has a 12.9 percent share of the world passenger car market. The Group’s sales revenue in 2014 totaled EUR 202 billion while profit after tax amounted to EUR 11.1 billion. The Group comprises twelve brands – Volkswagen Passenger Cars, Audi, Seat, Å koda, Bentley...