Decisión del Panel Administrativo nº D2019-1083 of Tribunal Arbitral de la OMPI, August 06, 2019 (case ABSA Group Limited (previously ABSA Bank Limited) v. Perfect Privacy, LLC / Milen Radumilo)

Defense:Perfect Privacy, LLC / Milen Radumilo
Resolution Date:August 06, 2019
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Transfer
Dominio:Generic Domains
SUMMARY

[absapremierleague.com]

 
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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

ABSA Group Limited (previously ABSA Bank Limited) v. Perfect Privacy, LLC / Milen Radumilo

Case No. D2019-1083

1. The Parties

The Complainant is ABSA Group Limited (previously ABSA Bank Limited), South Africa, represented by Moore Attorneys Incorporated, South Africa.

The Respondent is Perfect Privacy, LLC, United States of America (“United States”) / Milen Radumilo, Romania.

2. The Domain Name and Registrar

The disputed domain name [absapremierleague.com] is registered with Snapnames 45, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 10, 2019. On May 13, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 13, 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 the Complainant on May 14, 2019 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on May 15, 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 the Respondent of the Complaint, and the proceedings commenced on June 20, 2019. In accordance with the Rules, paragraph 5, the due date for Response was July 10, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on July 11, 2019.

The Center appointed Gabriel Leonardos as the sole panelist in this matter on July 17, 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 company founded in 1991 through the merger of United Bank (South Africa), the Allied Bank (South Africa), the Volkskas Bank Group and certain interests of the Sage Group. The Complainant is one of Africa’s major financial service providers – offering personal and business banking, credit cards, corporate and investment banking, wealth and investment management, and insurance.

The Complainant owns numerous trademark registrations for the sign ABSA in classes 9, 16...

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