Decisión del Panel Administrativo nº D2013-0650 of Tribunal Arbitral de la OMPI, July 22, 2013 (case Arkema France v. Robert Greco/Domains By Proxy, LLC)

Defense:Robert Greco/Domains By Proxy, LLC
Resolution Date:July 22, 2013
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Transfer
Dominio:Generic Domains
SUMMARY

[arkema-group.com]

 
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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Arkema France v. Robert Greco/Domains By Proxy, LLC

Case No. D2013-0650

1. The Parties

Complainant is Arkema France of Colombes, France, represented by Fross Zelnick Lehrman & Zissu, PC, United States of America.

Respondent is Robert Greco of San Francisco, California, United States of America; Domains By Proxy, LLC of Scottsdale, Arizona, United States of America.

2. The Domain Name and Registrar

The disputed domain name [arkema-group.com] 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 April 9, 2013. On April 10, 2013, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 12, 2013, the Registrar 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 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(a) and 4(a), the Center formally notified Respondent of the Complaint, and the proceedings commenced on April 12, 2013. In accordance with the Rules, paragraph 5(a), the due date for Response was May 2, 2013. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on May 3, 2013.

The Center appointed Mary Padbury as the sole panelist in this matter on May 21, 2013. 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 due date for decision was extended to July 14, 2013.

4. Factual Background

Complainant is a French company formed in 2004 which has offices in 40 countries, employing over 13,800 employees. Complainant has 80 industrial facilities in Europe, North America and Asia and has sales subsidiaries in every region of the world. Complainant is organised into three business segments: High Performance Materials, Industrial Specialities and Coating Solutions. Complainant makes and sells a wide variety of products including flurochemicals, technical polymers, thiochemicals, functional additives, industrial coatings, acrylics, hydrogen peroxide, organise peroxides and molecular sieves.

In connection with its businesses, Complainant has obtained registrations for its ARKEMA trademark in United States Registration Nos. 3,082,135 and 3,082,057 from April 18, 2006. Complainant...

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