Decisión del Panel Administrativo nº DEU2018-0031 of WIPO Arbitration and Mediation Center, March 05, 2019 (case Andrey Ternovskiy dba Chatroulette v. Maria Di Blasi)
| Resolution Date | March 05, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Country domains |
The Complainant is Andrey Ternovskiy dba Chatroulette of Sliema, Malta, represented by CSC Digital Brand Services AB, Sweden.
The Respondent is Maria Di Blasi of Salzburg, Austria.
The Registry of the disputed domain name [chatroulette-gay.eu] is the European Registry for Internet Domains (“EURid” or the “Registry”). The Registrar of the disputed domain name is webagentur.at Internet services gmbh.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 30, 2018. On the same day, the Center transmitted by email to the Registry a request for registrar verification in connection with the disputed domain name. On December 6, 2018, the Registry 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 .eu Alternative Dispute Resolution Rules (the “ADR Rules”) and the World Intellectual Property Organization Supplemental Rules for .eu Alternative Dispute Resolution Rules (the “Supplemental Rules”).
In accordance with the ADR Rules, Paragraph B(2), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on December 7, 2018. In accordance with the ADR Rules, Paragraph B(3), the due date for Response was January 18, 2018. The Respondent did not submit a Response. Accordingly, the Center notified the Respondent’s default on January 22, 2019.
The Center appointed Peter Kružliak as the sole panelist in this matter on January 28, 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 ADR Rules, Paragraph B(5).
The language of the ADR proceeding is English as decided by the Administrative Panel Decision related to the Request to Change the Language of the ADR Proceeding, Case No. DEUL2018-0004 of November 14, 2018.
The Complainant, Andrey Ternovskiy dba Chatroulette, who is a citizen and resident of Malta according to the provided information, is the exclusive owner of several registered trademarks consisting of the word “Chatroulette” in various jurisdictions throughout the world, with the key registrations relevant for this case being the following:
- the European Union Trade Mark (“EUTM”) for the word CHATROULETTE with registration number 008944076, date of application: March 10, 2010, date of registration: December 4, 2012, for the goods and services in classes 35, 38, and 42 of the Nice Classification of Goods and Services;
- the German Trademark for the word CHATROULETTE with registration number 302010003706, date of application: March 10, 2010, date of registration: February 21, 2013 for the goods and services in classes 35, 38, and 42 of the Nice Classification of Goods and Services.
Chatroulette, created and owned by the Complainant, is an online chat website that pairs random users for webcam-based conversations, as a result visitors to the website can begin an online chat (text, audio, and video) with another visitor.
According to the Complainant, Chatroulette very quickly after its launch in 2009 established popularity and high-profile reputation worldwide as proven by exponential growth of visitors to the Complainant’s website after the launch, as well as by extensive coverage of Chatroulette in news and media, including internationally well-known newspapers and magazines, and television shows. The Complainant’s website receives several million visitors per month.
The disputed domain name was registered on January 28, 2018, and at the date of the decision resolves to a website that redirects visitors to third party links for inter alia “adult chat online”, “adult cams and chat” and “online chat”. The website at the disputed domain name also displays a banner that offers the domain for sale and that redirects to a website allowing prospective buyers to request a price for the domain.
The Complainant argues that based on the relevant trademark registrations, the Complainant has the exclusive rights to the CHATROULETE trademark. The...
To continue reading
Request your trial