Decisión del Panel Administrativo nº DIR2018-0019 of WIPO Arbitration and Mediation Center, March 08, 2019 (case AB Electrolux v. Homan Motevasel)

Resolution DateMarch 08, 2019
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioIrán (.ir)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

AB Electrolux v. Homan Motevasel

Case No. DIR2018-0019

1. The Parties

The Complainant is AB Electrolux of Stockholm, Sweden, represented by SILKA Law AB, Sweden.

The Respondent is Homan Motevasel of Tehran, Iran (Islamic Republic of).

2. The Domain Name and Registrar

The disputed domain name [aegco.ir] is registered with IRNIC.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 13, 2018. On December 13, 2018, the Center transmitted by email to IRNIC a request for registrar verification in connection with the disputed domain name. On December 15, 2018, IRNIC transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. Hard copies of the Complaint were received by the Center on January 2, 2019.

The Center verified that the Complaint satisfied the formal requirements of the .ir Domain Name Dispute Resolution Policy (the “Policy” or “irDRP”), the Rules for .ir Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for .ir 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 January 4, 2019. In accordance with the Rules, paragraph 5(a), the due date for Response was January 24, 2019. On January 25, 2019, the Center notified the Respondent’s default.

The Center appointed Philippe Gilliéron as the sole panelist in this matter on February 5, 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

The Complainant is a Swedish joint stock company founded in 1901 and one of the world’s leading producers of appliances and equipment for kitchen and cleaning products and floor care products.

The Complainant owns numerous trademarks on a worldwide basis consisting of the acronym AEG (standing for Allgemeine Elektrizitäts-Gesellschaft), including in the Islamic Republic of Iran where the Respondent is located; such as International trademark No. 802025 which was registered on December 18, 2002, under classes 7, 8, 9, 10, 11, and 17.

The Complainant also owns several domain names to carry out its online activities consisting of that acronym, including [aeg.com], since October 19, 1993.

Prior panels have already ruled in favor of the Complainant with regards to the incorporation of its AEG trademark in domain names (such as AB Electrolux v. Hamid Reza Nadi Moghaddam, MYSK Co,[WIPO Case No. DIR2016-0006]...

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