Decisión del Panel Administrativo nº D2018-0628 of WIPO Arbitration and Mediation Center, May 15, 2018 (case Atlas Copco AB v. Seyedmohsen Nazeri, Ertebat Gostarane Iran)
| Resolution Date | May 15, 2018 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Atlas Copco AB of Nacka, Sweden, represented by SILKA Law AB, Sweden.
The Respondent is Seyedmohsen Nazeri, Ertebat Gostarane Iran of Esfahan, Islamic Republic of Iran.
The disputed domain name [atlascopco-iran.com] is registered with CSL Computer Service, Langenbach GmbH dba Joker.com (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 21, 2018. On March 22, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On March 23, 2018, 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on March 27, 2018. In accordance with the Rules, paragraph 5, the due date for Response was April 16, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on April 18, 2018.
The Center appointed Antony Gold as the sole panelist in this matter on April 25, 2018. 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 Complainant is a manufacturer and distributor of a diverse range of mechanical equipment, including compressors, air treatment systems, mining equipment and power tools. Its head office is in Sweden. It was founded in 1873 and now conducts business, directly or through distributors, in approximately 180 countries. In the Islamic Republic of Iran, the Complainant trades through an exclusive distributor.
The Complainant’s trading style is “Atlas Copco” and it has registered a number of trade marks for ATLAS COPCO, including International Trade Mark Registration No. 997914 for ATLAS COPCO, in logo form, registered on October 20, 2008 in multiple classes, including class 7 (machine tools). This trade mark is in force in a number of countries, including in the Islamic Republic of Iran. The Complainant has also registered various domain names which incorporate its trade mark, including [atlascopco.com], [atlas-copco.com] and [atlas-copco.info].
The Respondent is an individual based in the Islamic Republic of Iran. The disputed domain name was registered by him on September 26, 2013. It resolves to a website, the home page of which features photographs of motorized mechanical engineering equipment together with accompanying text in Persian script. The home page prominently features the Complainant’s registered logo trade mark for ATLAS COPCO and this trade mark also features on a number of the other web pages. Screen prints of further pages from the Respondent’s website, provided by the Complainant, which have been translated by it into English using Google’s website translation facility, show further uses of the...
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