Decisión del Panel Administrativo nº D2019-2441 of Tribunal Arbitral de la OMPI, December 02, 2019 (case Advice Group S.P.A. v. Privacy Administrator, Anonymize, Inc. / Michele Dinoia, Macrosten LTD)

Defense:Privacy Administrator, Anonymize, Inc. / Michele Dinoia, Macrosten LTD
Resolution Date:December 02, 2019
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Complaint denied
Dominio:Generic Domains
SUMMARY

[advicegroup.com]

 
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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Advice Group S.P.A. v. Privacy Administrator, Anonymize, Inc. / Michele Dinoia, Macrosten LTD

Case No. D2019-2441

1. The Parties

The Complainant is Advice Group S.P.A., Italy, represented by CLIP Legal, Italy.

The Respondent is Privacy Administrator, Anonymize, Inc., United States of America (“United States”) / Michele Dinoia, Macrosten LTD, Cyprus.

2. The Domain Name and Registrar

The disputed domain name [advicegroup.com] (the “Domain Name”) is registered with Epik, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 8, 2019. On October 10, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On October 16, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on October 17, 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 October 22, 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 October 29, 2019. In accordance with the Rules, paragraph 5, the due date for Response was November 18, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 19, 2019.

The Center appointed W. Scott Blackmer as the sole panelist in this matter on November 27, 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 marketing firm founded in March 2006 and headquartered in Torino, Italy, with additional offices in Rome and Bari and affiliates in Bulgaria, Kosovo, Portugal, Colombia, and Peru. It is organized as a public limited company under Italian law. The Complainant operates a website at “www.advicegroup.it” in Italian, English, and Spanish. The Complaint includes evidence that the Complainant has received awards and media recognition for its rapid growth and achievements in the marketing industry, particularly in Italy.

The Complainant holds Italian trademark number 2015000025292, registered on December 16, 2016, for a figurative mark for which it applied on June 18, 2015. The Complaint refers to this as the ADVICE GROUP mark, but it does not include the word “Group”. Rather, it consists of a stylized capital “A” followed by the English word “Advice”, over the English words “Progressive Marketing Thinking” in a smaller font. This is the mark that appears on the Complainant’s website.

The Complaint reports that the Domain Name was registered on September 14, 2005. At the time the Complaint was filed, the Domain Name was registered in the name of a domain privacy service...

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