Decisión del Panel Administrativo nº D2018-1739 of WIPO Arbitration and Mediation Center, September 17, 2018 (case The Procter Gamble Company v. Selami Dolar)
| Resolution Date | September 17, 2018 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is The Procter & Gamble Company of Cincinnati, Ohio, United States of America (“United States”), represented by Studio Barbero, Italy.
The Respondent is Selami Dolar of Istanbul, Turkey.
The disputed domain name [pampers.net] is registered with IHS Telekom, Inc. (the “Registrar”).
The Complaint in English was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 1, 2018. On August 1, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 2, 2018, 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.
Pursuant to the Complaint submitted in English and the registrar verification dated August 2, 2018 stating that Turkish is the language of the registration agreement of the disputed domain name, the Center sent a request in English and Turkish that the Parties submit their comments on the language of the proceeding on August 2, 2018. On the same day, the Complainant submitted its request for English to be the language of the proceeding. The Respondent did not submit any request regarding the language of the proceeding.
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 in English and Turkish of the Complaint, and the proceedings commenced on August 8, 2018. In accordance with the Rules, paragraph 5, the due date for Response was August 28, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 29, 2018.
The Center appointed Kaya Köklü as the sole panelist in this matter on September 4, 2018. 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.
The Complainant is a longstanding company with its registered seat in the United States. It mainly operates in the field of cleaning agents, personal care and hygienic products. It is globally active and has locations around the world, including in Turkey.
The Complainant is the owner of various PAMPERS trademarks, registered in a large number of jurisdictions, including in Turkey. According to the...
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