Decisión del Panel Administrativo nº DNL2018-0026 of WIPO Arbitration and Mediation Center, June 14, 2018 (case Advance Magazine Publishers Inc. v. Souhailla Eddarazi)

Resolution DateJune 14, 2018
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioPaíses Bajos (.nl)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Advance Magazine Publishers Inc. v. Souhailla Eddarazi

Case No. DNL2018-0026

1. The Parties

The Complainant is Advance Magazine Publishers Inc. of New York, New York, United States of America (“United States”), represented by Arnold + Siedsma, Netherlands.

The Respondent is Souhailla Eddarazi of Assendelft, Netherlands.

2. The Domain Name and Registrar

The disputed domain name [vogueman.nl] (the “Domain Name”) is registered with SIDN through Hostnet B.V.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 25, 2018. On the same day, the Center transmitted by email to SIDN a request for registrar verification in connection with the Domain Name. On April 26, 2018, SIDN transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. The Center verified that the Complaint satisfied the formal requirements of the Dispute Resolution Regulations for .nl Domain Names (the “Regulations”).

In accordance with the Regulations, articles 5.1 and 16.4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on May 1, 2018. In accordance with the Regulations, article 7.1, the due date for Response was May 21, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on May 22, 2018.

The Center appointed Wolter Wefers Bettink as the panelist in this matter on May 31, 2018. The Panel finds that it was properly constituted. The Panelist has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required to ensure compliance with the Regulations, article 9.2.

4. Factual Background

The Complainant is a publisher of well-known magazines such as Vogue (since 1892), Glamour, The New Yorker, Vanity Fair and GQ. In addition to the United States edition, Vogue is published through Complainant’s subsidiaries or through local licensees in inter alia the following countries: Australia, Brazil, China, France, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Republic of Korea, Russian Federation, Spain, United Kingdom of Great Britain and Northern Ireland, as well as in Latin America. Since 2000, the Complainant has operated a website under the domain name [vogue.com], which features fashion show video coverage, Vogue magazine content, photos, designer profiles and current apparel line information, as well as ads from luxury brand owners. The website under [vogue.com] receives over seven million page views per month and has over 600,000 unique users every month. Since September 2015 the Dutch...

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