Decisión del Panel Administrativo nº D2018-1777 of WIPO Arbitration and Mediation Center, October 12, 2018 (case Bayerische Motoren Werke AG v. Data Protected / LM Foreign Cars)
| Resolution Date | October 12, 2018 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Bayerische Motoren Werke AG of Munich, Germany, represented by Kelly IP, LLP, United States of America (“United States” or “US”).
The Respondent is Data Protected of Toronto, Ontario, Canada / L&M Foreign Cars of Brooklyn, New York, United States, internally represented.
The disputed domain name [bmwbrooklyn.com] is registered with Tucows Inc. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 3, 2018. On August 6, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 7, 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 proceeding commenced on August 15, 2018. In accordance with the Rules, paragraph 5, the due date for Response was September 4, 2018. Upon request of the Respondent, the due date for Response was extended to September 8, 2018, in accordance with the Rules paragraph 5(b). Upon request of the Respondent, the due date for Response was further extended to September 18, 2018 in accordance with the Rules, paragraph 5(e). The Response was filed with the Center on September 18, 2018.
On September 25, 2018, the Center received an unsolicited supplemental reply submission from the Complainant.
The Center appointed Sebastian M.W. Hughes as the sole panelist in this matter on September 27, 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.
On September 28, 2018, the Center received an unsolicited supplemental reply submission from the Respondent.
The Complainant is a company incorporated in Germany and the manufacturer of automobiles and motorcycles under the well-known trade mark BMW (the “Trade Mark”) since 1917. The Complainant is the owner of numerous registrations in jurisdictions around the world for the Trade Mark, including international registration number...
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