Decisión del Panel Administrativo nº D2019-1177 of Tribunal Arbitral de la OMPI, August 08, 2019 (case Aspassia Tagliente v. Super Privacy Service LTD c/o Dynadot)

Defense:Super Privacy Service LTD c/o Dynadot
Resolution Date:August 08, 2019
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Transfer
Dominio:Generic Domains
SUMMARY

[aspassiatagliente.com]

 
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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Aspassia Tagliente v. Super Privacy Service LTD c/o Dynadot

Case No. D2019-1177

1. The Parties

Complainant is Aspassia Tagliente, Belgium, represented by Squire Patton Boggs (UK) LLP, Belgium.

Respondent is Super Privacy Service LTD c/o Dynadot, United States of America (United States”).

2. The Domain Name and Registrar

The disputed domain name [aspassiatagliente.com] is registered with Dynadot, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 22, 2019. On May 23, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 26, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on May 29, 2019 providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on May 30, 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 Respondent of the Complaint, and the proceedings commenced on June 3, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 23, 2019. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on June 24, 2019.

The Center appointed Brian Winterfeldt as the sole panelist in this matter on June 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 Rules, paragraph 7.

4. Factual Background

Complainant Aspassia Tagliente is a natural person of Italian nationality residing in Belgium. Complainant operates “Aspassia Tagliente BVBA,” a private limited liability company incorporated in Belgium. On March 24, 2019, Complainant filed a trademark application for ASPASSIA TAGLIENTE & Design in the European Union (Filing Number 018039652) for clothing and bags.

Respondent is “Super Privacy Service LTD c/o Dynadot.” Respondent registered the disputed domain name, [aspassiatagliente.com] on March 24, 2019. At the time of Complainant’s filing, the disputed domain name resolved to a parked page.

5. Parties’ Contentions

A. Complainant

Complainant contends the disputed domain name is identical or confusingly similar to a trademark or service mark in which Complainant has rights. Complainant asserts on February 15, 2019, Complainant incorporated a limited liability company under “Aspassia Tagliente BVBA.” Complainant further asserts Complainant filed a trademark application for ASPASSIA TAGLIENTE & Design (Filing Number 018039652) for clothing, bags, and other carriers. Complainant asserted the registration process was ongoing. Complainant contends that one hour and three minutes after Complainant filed for the trademark application, Respondent registered the disputed domain name. Complainant asserts that where a personal name is used as a trademark-like identifier in trade or commerce, the presence of an unregistered or...

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