Decisión del Panel Administrativo nº D2015-1255 of WIPO Arbitration and Mediation Center, September 29, 2015 (case Volkswagen AG v. Propaganda Media Pty. Ltd.)
| Resolution Date | September 29, 2015 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
Complainant is Volkswagen AG of Wolfsburg, Germany, represented by Drzewiecki, Tomaszek & Wspólnicy Sp. Jawna, Poland.
Respondent is Propaganda Media Pty. Ltd. of Hampton Park, Victoria, Australia.
The disputed domain name [volkswagen.melbourne] (the “Domain Name”) is registered with Crazy Domains FZ-LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 20, 2015. On July 20, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On July 21, 2015, 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(a) and 4(a), the Center formally notified Respondent of the Complaint, and the proceedings commenced on August 5, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was August 25, 2015. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on August 26, 2015.
The Center appointed John R. Keys, Jr. as the sole panelist in this matter on September 15, 2015. 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.
Founded in 1937, Complainant is one of the world’s leading automobile manufacturers and the largest carmaker in Europe. In 2013, the Volkswagen Group delivered 9.731 million vehicles to customers, corresponding to a 12.8 percent share of the world passenger car market. The Volkswagen Group sales revenue in 2013 totaled EUR 197 billion.
Melbourne is a city in the State of Victoria, Australia. Complainant sells automobiles to consumers through a number of dealerships in the State of Victoria, including in Melbourne.
Complainant owns numerous trademark registrations and applications consisting of or containing the VOLKSWAGEN mark and covering a broad range of goods and services in 45 trademark classes. As examples, the record shows the following international and national registrations:
1) Volkswagen, International Registration No. 702679, registered July 2, 1998, designating, inter alia, Australia;
2) Volkswagen, Community Trademark No. 009383506, registered February 25, 2011;
3) Volkswagen, Australia trademark No. 767985, registered July 20, 1998.
Complainant is the registrant of a large number of domain names containing the VOLKSWAGEN mark, under both generic and country-code Top-Level Domains, including in particular [volkswagen.com], and [vw.com]. Complainant, through its wholly-owned subsidiary, Volkswagen Group Australia, obtained domain name registrations under the ccTLD for Australia, i.e. [volkswagen.com.au].
Respondent, located in Melbourne, Victoria, Australia, is in the business of website design.
Respondent registered the Domain Name on March 2, 2015. The Domain Name presently directs to an inactive website.
Complainant contends that the Domain Name is confusingly...
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