Decisión del Panel Administrativo nº D2014-1397 of Tribunal Arbitral de la OMPI, October 05, 2014 (case OLX, Inc. v. Ajuar)

Defense:Ajuar
Resolution Date:October 05, 2014
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Transfer
Dominio:Generic Domains
SUMMARY

[rekberolx.com]

 
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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

OLX, Inc. v. Ajuar

Case No. D2014-1397

1. The Parties

The Complainant is OLX, Inc. of New York, New York, United States of America, represented by CSC Digital Brand Services AB, Sweden.

The Respondent is Ajuar of Palangkaraya, Indonesia.

2. The Domain Name and Registrar

The disputed domain name [rekberolx.com] is registered with CV. Jogjacamp (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 15, 2014. On the same day, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 18, 2014, the Registrar transmitted by email to the Center its verification response confirming the Respondent as the registrant and providing 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 proceeding commenced on August 20, 2014. In accordance with the Rules, paragraph 5(a), the due date for Response was September 9, 2014. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 10, 2014.

The Center appointed Rodrigo Azevedo as the sole panelist in this matter on September 18, 2014. 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 OLX, Inc. is one of the world’s leading free online classifieds platforms and receive more than 100 million monthly unique users, generating over 1.8 billion monthly page views, or 60 million page views per day.

Since 2007, the Complainant owns several registrations and pending applications for the trademark OLX in the United States and in the European Union, as well as in Indonesia, which is the location of the Respondent.

The Complainant also owns multiple domain names comprising the OLX trademark, including the domain name [olx.com], registered on February 8, 1999.

The Respondent registered the disputed domain name on July 12, 2012.

The Panel tried to access the disputed domain name on September 27, 2014; there was no active website linked to it.

5. Parties’ Contentions

A. Complainant

The Complainant makes the following contentions:

- The Complainant is the sole owner of the OLX trademark at the European Union’s Office for Harmonization in the Internal Market (“OHIM”) and at the United States Patent and Trademark Office (“USPTO”), as well as in Indonesia, which is the location of the Respondent. The OLX mark and brand are well-recognized by consumers, industry peers, and the broader global community.

- The disputed domain name is confusingly similar to a trademark in which the Complainant has rights. The dominant part of the disputed domain name comprises the term “olx,” which is identical to the...

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