Decisión del Panel Administrativo nº D2020-2364 of WIPO Arbitration and Mediation Center, November 23, 2020 (case Autodesk, Inc. v. Elaine Oneal and Oleg Esiletskiy)
| Resolution Date | November 23, 2020 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Autodesk, Inc., United States of America (“United States” or “USA”), represented by Donahue Fitzgerald LLP, United States.
The Respondent is Elaine Oneal, United Kingdom and Oleg Esiletskiy, Russian Federation.
The disputed domain name [autocadalternatives.com] is registered with Key-Systems GmbH.
The disputed domain name [autocad-kurs.com] is registered with Registrar of Domain Names REG.RU LLC.
The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on September 10, 2020. On September 11, 2020, the Center transmitted by email to the Registrars a request for registrar verification in connection with the disputed domain names. On September 11, 2020, the Registrars transmitted by email to the Center its verification responses disclosing registrant and contact information for the disputed domain names, which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on September 29, 2020 providing the registrant and contact information disclosed by the Registrars, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on October 9, 2020.
On September 29, 2020, the Center sent an email communication to the Parties, in English and Russian, regarding the language of the proceeding. The Complainant requested English to be the language of the proceeding on October 9, 2020. The Respondent did not comment on the language of the proceeding.
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 the Respondent of the Complaint, and the proceedings commenced on October 12, 2020. In accordance with the Rules, paragraph 5, the due date for Response was November 2, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 2, 2020.
The Center appointed Taras Kyslyy as the sole panelist in this matter on November 9, 2020. 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 company incorporated in California, USA. Founded in 1982, the Complainant is an American multinational software corporation that makes software services for the architecture, engineering, construction, manufacturing, media, education, and entertainment industries. The Complainant has offices worldwide.
The Complainant owns AUTOCAD trademarks registered in many countries around the world, including for instance in the USA (e.g., trademark registration number 1316772, registered January 29, 1985). There are over nine million users of the Complainant’s products, and to accommodate this enormous user base, the Complainant works with approximately 1,700 channel partners, 3,300 development partners, and 2,000 authorized training centers to assist its customers with their worldwide use of its products that incorporate its trademark into their names.
Since 1998, the Complainant has owned [autocad.com] domain name and used it as an online portal for Internet users to find information about AUTOCAD software products.
The disputed domain name [autocadalternatives.com] was registered on March 17, 2020. The disputed domain name [autocad-kurs.com] was registered on April 12, 2020. According to evidence provided by the Complainant, both disputed domain names redirected to the same website at “www.cadsoftclub.com” offering for sale software products competing with the Complainant and allegedly illegal copies of the Complainant’s software products. Currently, the disputed domain names still redirect to the website at “www.cadsoftclub.com”, however containing links to and/or information about online casinos.
The Complainant addressed the Respondents with a cease and desist letter, however no response followed.
The...
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