Decisión del Panel Administrativo nº D2020-1852 of WIPO Arbitration and Mediation Center, September 08, 2020 (case BASF SE v. Domains By Proxy, LLC / Joao Evangelista)

• Resolution Date: September 08, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

BASF SE v. Domains By Proxy, LLC / Joao Evangelista

Case No. D2020-1852

1. The Parties

The Complainant is BASF SE, Germany, represented by IP Twins S.A.S., France.

The Respondent is Domains By Proxy, LLC / Joao Evangelista, Brazil.

2. The Domain Name and Registrar

The Disputed Domain Name [baszf.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 July 16, 2020. On July 16, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On July 17, 2020, 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 the Complainant on July 20, 2020 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on July 27, 2020

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 July 28, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 17, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 18, 2020.

The Center appointed Pablo A. Palazzi as the sole panelist in this matter on August 25, 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.

4. Factual Background

The Complainant is a German company which engages in the manufacture and sale of chemicals worldwide

The Complainant owns more than 1500 trademarks rights for BASF worldwide, such as:

- BASF International Trademark Registration No. 638794, registered on May 3, 1995; and

- BASF...