Decisión del Panel Administrativo nº D2019-2419 of Tribunal Arbitral de la OMPI, December 05, 2019 (case AB Electrolux v. Super Privacy Service LTD c/o Dynadot)
Defense: | Super Privacy Service LTD c/o Dynadot |
Resolution Date: | December 05, 2019 |
Issuing Organization: | Tribunal Arbitral de la OMPI |
Decision: | Transfer |
Dominio: | Generic Domains |
El Demandante es AB Electrolux, Suecia, representado por SILKA Law AB, Suecia.
El Demandado es Super Privacy Service LTD c/o Dynadot, LLC, Estados Unidos de América.
La Demanda tiene como objeto los nombres de dominio en disputa [electroluxantioquia.top] y [tecnicosdeelectrolux.top].
El Registrador de los nombres de dominio en disputa es Dynadot, LLC.
La Demanda se presentó ante el Centro de Arbitraje y Mediación de la OMPI (el “Centro”) el 5 de octubre de 2019. El 7 de octubre de 2019 el Centro envió al Registrador por correo electrónico una solicitud de verificación registral en relación con los nombres de dominio en disputa. El 8 de octubre de 2019, el Registrador envió al Centro, por correo electrónico, su respuesta develando el registrante y los datos de contacto de los nombres de dominio en disputa, los cuales difieren del nombre del Demandado y los datos de contacto señalados en la Demanda. El Centro envió una comunicación electrónica al Demandante con fecha 15 de octubre de 2019, suministrando el registrante y los datos de contacto develados por el Registrador, e invitando al Demandante a realizar una enmienda a la Demanda. El Demandante presentó una enmienda a la Demanda con fecha 23 de octubre de 2019.
El Centro envió una comunicación a las Partes el 15 de octubre de 2019 en relación con el idioma del procedimiento, ya que la Demanda se había presentado en español, mientras que el idioma del acuerdo de registro era el inglés. El 16 de octubre de 2019 el Demandante presentó una solicitud para que el idioma del procedimiento fuera el español. El Demandado no presentó ninguna comunicación en relación con el idioma del procedimiento.
El Centro verificó que la Demanda, junto con la enmienda a la Demanda, cumplían los requisitos formales de la Política Uniforme de solución de controversias en materia de nombres de dominio (la “Política”), el Reglamento de la Política Uniforme de solución de controversias en materia de nombres de dominio (el “Reglamento”), y el Reglamento Adicional de la Política Uniforme de solución de controversias en materia de nombres de dominio (el “Reglamento Adicional”).
De conformidad con los párrafos 2 y 4 del Reglamento, el Centro notificó formalmente la Demanda al Demandado en inglés y en español, dando comienzo al procedimiento el 23 de octubre de 2019. De conformidad con el párrafo 5 del Reglamento, el plazo para contestar la Demanda se fijó para el 12 de noviembre de 2019. El Demandado no contestó la Demanda. Por consiguiente, el Centro notificó al Demandado su falta de comparecencia y ausencia de contestación a la Demanda el 14 de noviembre de 2019.
El Centro nombró a Felipe...
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