Decisión del Panel Administrativo nº D2015-1559 of WIPO Arbitration and Mediation Center, November 20, 2015 (case Volkswagen AG v. The Website Company, Minh Ha)

• Resolution Date: November 20, 2015
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Volkswagen AG v. The Website Company, Minh Ha

Case No. D2015-1559

1. The Parties

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

The Respondent is Minh Ha, The Website Company of Belgium.

2. The Domain Name and Registrar

The disputed domain name [volkswagen.vlaanderen] is registered with Register NV dba Register.eu (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 1, 2015. On September 1, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On September 7, 2015, 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 Complaint was submitted in the English language. The language of the registration agreement for the disputed domain name is Dutch. On September 7, 2015, the Center sent a language of proceedings communication in both Dutch and English to the parties. On September 8, 2015, the Complainant submitted a request for English to be language of proceedings. The Respondent did not submit any comments on this request.

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 in both Dutch and English, and the proceedings commenced on September 16, 2015. In accordance with the Rules, paragraph 5, the due date for Response was October 6, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 7, 2015.

The Center appointed Tobias Zuberbühler as the sole panelist in this matter on November 6, 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.

4. Factual Background

The...