Decisión del Panel Administrativo nº D2010-0140 of WIPO Arbitration and Mediation Center, March 15, 2010 (case Associazione Radio Maria v. Land Merchandising Corp)

• Judge: Joan Clark
• Resolution Date: March 15, 2010
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Associazione Radio Maria v. Land Merchandising Corp

Case No. D2010-0140

1. The Parties

The Complainant is Associazione Radio Maria of Erba Como, Italy, represented by Perani Pozzi Tavella, Italy.

The Respondent is Land Merchandising Corp of Tennessee, United States of America.

2. The Domain Name and Registrar

The disputed domain name [radiomariafm.com] is registered with GoDaddy.com, Inc.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 1, 2010. On February 2, 2010, the Center transmitted by email to GoDaddy.com, Inc. a request for registrar verification in connection with the disputed domain name. On February 7, 2010, GoDaddy.com, Inc. 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 the Respondent of the Complaint, and the proceedings commenced on February 8, 2010. In accordance with the Rules, paragraph 5(a), the due date for Response was February 28, 2010. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 1, 2010.

The Center appointed Joan Clark as the sole panelist in this matter on March 4, 2010. 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 the owner of the following trademark registrations:

- Community trademark registration no. 003471562 RADIO MARIA, filed on October 29, 2003 and granted on March 7, 2006, in classes 9, 16 and 38;

- International trademark registration no. 600288 RADIO MARIA, granted on May 17, 1993, in class 38, and renewed;

- United States trademark registration no. 1924809 RADIO MARIA, filed on September 13, 1993 and granted on October 3, 1995, in class 38, and renewed.

The Complainant alleges that it is the owner of numerous other registrations for the trademark RADIO MARIA.

The disputed domain name, [radiomariafm.com], was registered in the name of Land Merchandising Corp. on August 26, 2009 with an expiry date of August 26, 2010.

5. Parties’...