Decisión del Panel Administrativo nº D2015-2220 of WIPO Arbitration and Mediation Center, January 28, 2016 (case WTA Tour, Inc. v. Whois Agent, Whois Privacy Protection Service, Inc. / Marko Ramius)
| Resolution Date | January 28, 2016 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is WTA Tour, Inc. of St. Petersburg, Florida, United States of America, represented by IPAssure Brand Protection Services, LLC, United States of America.
The Respondent is Whois Agent, Whois Privacy Protection Service, Inc. of Kirkland, Washington, United States of America / Marko Ramius of Gallarate, Italy, self-represented.
The disputed domain name [wtalove.com] is registered with Name.com LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 7, 2015. On December 7, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 7, 2015, 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 December 11, 2015 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 December 11, 2015. On December 13 and 14, 2015, the Center received two email communications from the Respondent.
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, and the proceedings commenced on December 18, 2015. In accordance with the Rules, paragraph 5, the due date for Response was January 7, 2016. Further to the Respondent’s request, the Response due date was extended to January 11, 2016. The Response was filed with the Center on January 11, 2016.
On January 12, 2016, the Complainant sent to the Center a Supplemental Filing with annexes, which were forwarded to the Panel with the case file.
The Center appointed Dr. Clive N.A. Trotman as the sole panelist in this matter on January 21, 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.
Background information about the Complainant is extracted from the Complaint.
WTA Tour, Inc., (“WTA”) is the women’s professional tennis organization, formed in 1973, and is a New York not-for-profit corporation. The scale of the Complainant is that it represents 92 nations, has offered USD 129 million in prize money, and its events are broadcast in 80 countries. From 2005 to 2014 revenues were USD 529 million, and USD 18 million was spent on advertising. Expenditure relating to a campaign known as “WTA 40 Love”, relating to the 40th anniversary in 2013, was USD 198,000.
The Complainant holds about 40 trademarks or service marks (“trademarks”) or pending applications in various countries for WTA with or without design, WTA TOUR, WOMEN’S TENNIS ASSOCIATION and WTA - WOMEN’S TENNIS ASSOCIATION. The following are representative:
WTA (design), United States Patent and Trademark Office principal register, registration granted December 20, 2011, registration number 4074942, class 35;
WTA - WOMEN’S TENNIS ASSOCIATION, European Community Trademark, Office for Harmonization in the Internal Market, registration granted July 14, 2011, registration number 009728437, classes 16, 35, 41;
WTA TOUR, United States Patent and Trademark Office principal register, registration granted September 12, 2000, registration number 2385106, class 35.
The Complainant also claims common law rights in the unregistered trademark WTA 40 LOVE.
The Complainant’s main website is at “www.wtatennis.com” and it owns a number of domain names incorporating “wta”, “wtatour” and “wta” in other combinations.
Background information about the Respondent is extracted from the Response.
The Respondent, an individual with an Italian address, operates an online weblog (“blog”) or fan site at the address of the disputed domain name. Its theme is tennis, especially women’s tennis, and his intention is to serve as a “news aggregator and forum” using his own writings and material gathered from other Internet websites, including links to videos. The Respondent’s operation is non-profit and advertisements are carried in order to contribute towards costs.
The disputed domain name was registered on May 19, 2013.
The Complainant’s contentions include the following.
The Complainant has produced copies of registration documents in respect of its trademarks.
The Complainant states that in January 2013 it commenced a campaign to celebrate its 40 years and created for the purpose a design mark, WTA 40 ♥ (“WTA 40 LOVE”). The mark comprises WTA in a stylised font and oval shape, followed by “40”, followed by the universally recognised solid symbol for a stylised heart. The “40” and the heart symbol are usually in red or pink. The Complainant claims common law rights in the WTA 40 LOVE mark.
The Complainant has submitted a number of year 2013 pages from its website referencing the campaign or exhibiting the WTA 40 LOVE mark, including a page published March 6, 2013 headed “WTA launches 40 Love campaign” showing a woman with “40” and the heart symbol on her separate palms; a picture of the mark headed “Our brand new WTA 40 LOVE logo!”; “Featured Video of the Week” with a still picture displaying the WTA 40 LOVE mark; and a photo of a tennis player with the WTA 40 LOVE mark displayed on her dress. Two photos of named tennis players are presented above the WTA 40 LOVE mark together with a number of...
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