Decisión del Panel Administrativo nº D2019-0992 of WIPO Arbitration and Mediation Center, July 10, 2019 (case CarBoat Media v. Tmd location)

• Resolution Date: July 10, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Car&Boat Media v. Tmd location

Case No. D2019-0992

1. The Parties

Complainant is Car&Boat Media, France, represented by Inlex IP Expertise, France.

Respondent is Tmd location, Morocco.

2. The Domain Name and Registrar

The disputed domain name [mavoiture.cash] is registered with PDR Ltd. d/b/a PublicDomainRegistry.com (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 30, 2019. On May 1, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 2, 2019, 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 Complainant on May 17, 2019 providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on May 21, 2019.

The Center verified that the Complaint together with the amended 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 Respondent of the Complaint, and the proceedings commenced on May 24, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 13, 2019. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on June 20, 2019.

The Center appointed Marina Perraki as the sole panelist in this matter on June 26, 2019. 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

Complainant is a French company that provides services of estimate of the surrender value of cars and of buy-back of used cars under the brand MAVOITURECASH. Complainant provides its services through its website “www.mavoiturecash.fr”.

Complainant has made advertising investments for its brand MAVOITURECASH, including a large-scale TV advertising campaign in France in 2017.

Complainant holds the French trademark [MAVOITURECASH]...