Decisión del Panel Administrativo nº D2020-2606 of WIPO Arbitration and Mediation Center, November 23, 2020 (case Basic Trademark S.r.l. v. See PrivacyGuardian.org / Felix Kuhn)

• Resolution Date: November 23, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Basic Trademark S.r.l. v. See PrivacyGuardian.org / Felix Kuhn

Case No. D2020-2606

1. The Parties

The Complainant is Basic Trademark S.r.l., Italy, represented by Studio Sindico e Associate, Italy.

The Respondent is See PrivacyGuardian.org, United States of America (“United States”) / Felix Kuhn, Germany.

2. The Domain Name and Registrar

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

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 7, 2020. On October 7, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 7, 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 October 8, 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 amendment to the Complaint on October 12, 2020 by Center.

The Center verified that the Complaint together with the amendment to 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 October 13, 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 3, 2020.

The Center appointed Benoit Van Asbroeck 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.

4. Factual Background

The Complainant, Basic Trademark S.r.l., is an Italian company part of the BasicNet Group, one of the market leaders in the design and marketing of clothing, footwear and accessories, mostly sportswear or leisurewear, which are sold under various trademarks, including SUPERGA.

The Complainant is the owner of multiple trademarks containing or comprising SUPERGA across various jurisdictions. These registrations include, inter alia:

- European Union trademark SUPERGA with registration No. 003181492, registered on December 10, 2004, in International classes 3, 9, 14, 16, 18...