Decisión del Panel Administrativo nº D2018-1701 of WIPO Arbitration and Mediation Center, September 17, 2018 (case Bayerische Motoren Werke AG (BMW) v. Registration Private, Domains by Proxy, LLC / Jake Neels, Automotive Dealer Solutions)

• Resolution Date: September 17, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer, cancellation in part
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Bayerische Motoren Werke AG (BMW) v. Registration Private, Domains by Proxy, LLC / Jake Neels, Automotive Dealer Solutions

Case No. D2018-1701

1. The Parties

The Complainant is Bayerische Motoren Werke AG (BMW) of Munich, Germany, represented by Kelly IP, LLP, United States of America (“United States”).

The Respondent is Registration Private, Domains by Proxy, LLC of Scottsdale, Arizona, United States / Jake Neels, Automotive Dealer Solutions of Coralville, Iowa, United States.

2. The Domain Names and Registrar

The disputed domain names [bmwofnorthliberty.com], [jungebmw.com], [jungebmwford.com] and [jungefordbmw.com] are 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 27, 2018. On July 27, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On July 27, 2018, the Registrar transmitted by email to the Center its verification response 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 August 3, 2018 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 August 6, 2018.

The Center verified that the Complaint together with 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 August 8, 2018. In accordance with the Rules, paragraph 5, the due date for Response was August 28, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 29, 2018.

The Center appointed Adam Taylor as the sole panelist in this matter on September 4, 2018. The Panel finds that it was properly constituted. The Panel has...