Decisión del Panel Administrativo nº D2015-0703 of WIPO Arbitration and Mediation Center, June 22, 2015 (case Wirecard AG v. Telepathy Inc., Development Services)

Resolution DateJune 22, 2015
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionComplaint denied
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Wirecard AG v. Telepathy Inc., Development Services

Case No. D2015-0703

1. The Parties

The Complainant is Wirecard AG of Aschheim, Germany, represented by Wragge Lawrence Graham & Co LLP, Germany.

The Respondent is Telepathy Inc., Development Services of Washington, D.C., United States of America, internally represented.

2. The Domain Name and Registrar

The disputed domain name [boon.com] is registered with Name.com LLC (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on April 17, 2015. On April 17, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 17, 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 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 the Respondent of the Complaint, and the proceedings commenced on April 22, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was May 12, 2015. The Response was filed with the Center on May 11, 2015.

The Complainant requested that the dispute be decided by a single-member Panel. Exercising its right under the Rules, paragraphs 4(b)(iv) and (v), the Respondent requested a three-member Panel. In accordance with the Supplemental Rules, paragraph 8, the Center appointed Adam Taylor, Torsten Bettinger and Tony Willoughby as panelists in this matter on June 9, 2015.

The Panel finds that it was properly constituted. Each member of 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, which was incorporated in Germany on May 6, 1999, is a provider of payment systems with related services. The Complainant is listed on the German stock exchange. Its turnover in 2013 was some EUR 482 million.

The Complainant owns Community Trade Mark No. 012795464 for BOON filed April 15, 2014, and registered on December 16, 2014, in classes 9, 35, 36, 38, 41, 42 and 45.

The disputed domain name was registered on October 14, 1998.

On February 27, 2015, the Complainant offered to buy the disputed domain name for USD 500 via a website at "www.securedoffers.com". In order to make this offer, the Complainant was required to pay USD 19 and to declare that it has no legal claim to the disputed domain name. The Respondent replied to the offer by email the same day saying that it had received many offers for the disputed domain name including one for USD 75,000. The Respondent added that short, brandable dot-com domains with positive meanings were very rare and that it valued the disputed domain name "in the six figures".

5. Parties' Contentions

A. Complainant

A summary of the Complainant's contentions is as follows:

The disputed domain name is identical to the Complainant's registered trade mark. The use of the...

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