Decisión del Panel Administrativo nº DCO2018-0042 of WIPO Arbitration and Mediation Center, February 25, 2019 (case Almacenes Éxito S.A v. Registration Private, Domains By Proxy, LLC)

• Resolution Date: February 25, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Colombia (.co)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Almacenes Éxito S.A v. Registration Private, Domains By Proxy, LLC

Case No. DCO2018-0042

1. The Parties

The Complainant is Almacenes Éxito S.A of Envigado, Colombia, represented by Rengifo Abogados, Colombia.

The Respondent is Registration Private, Domains By Proxy, LLC of Scottsdale, Arizona, United States of America.

2. The Domain Name and Registrar

The disputed domain name [carulla.co] is registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 13, 2018. On December 14, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 15, 2018, the Registrar transmitted by email to the Center its verification disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amendment to the Complaint on December 20, 2018.

The Center sent an email communication to the Parties on December 18, 2018, regarding the language of the proceeding, as the Complaint has been submitted in Spanish and the language of the registration agreement for the disputed domain name is English. The Complainant submitted a translated Complaint on December 20, 2018. The Respondent did not reply to the Center’s notification.

The Center verified that the Complaint together with the amendment to the Complaint and the translated 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 January 3, 2019. In accordance with the Rules, paragraph 5, the due date for Response was January 23, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 24, 2019.

The Center appointed Reynaldo Urtiaga Escobar 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.

The proceeding is conducted in English, this being the language of the registration agreement for the disputed domain name, as advised by the Registrar.

4. Factual Background

The Complainant is a Colombian supermarket chain founded in 1949, operating across South America. It is present in Colombia with Grupo Éxito, in Brazil with Grupo Pão de Açúcar, in Uruguay with Disco and Devoto Groups and in Argentina with Libertad. In 2007, the Complainant was acquired by the French global food retailer Groupe Casino.

In 2010, the Complainant merged with the Colombian entity Carulla Vivero S.A., thereby incorporating the CARULLA mark into the Complainant’s trademark portfolio.

The Complainant owns several Colombian trademark registrations for CARULLA, the earliest of which is trademark registration No. 125530...