Decisión del Panel Administrativo nº DIO2021-0012 of WIPO Arbitration and Mediation Center, October 01, 2021 (case Bayerische Motoren Werke AG v. Domain Privacy Ltd/ DNS Admin)

Resolution DateOctober 01, 2021
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioTerritorio Británico del Océano Índico (.io)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Bayerische Motoren Werke AG v. Domain Privacy Ltd/ DNS Admin

Case No. DIO2021-0012

1. The Parties

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

The Respondent is Domain Privacy Ltd/ DNS Admin, United States.

2. The Domain Name and Registrar

The disputed domain name [bmw.io] is registered with Network Solutions, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 23, 2021. On July 26, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 29, 2021, 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 30, 2021 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 31, 2021.

The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the .IO Domain Name Dispute Resolution Policy (the “Policy”), the Rules for .IO Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for .IO 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 13, 2021. In accordance with the Rules, paragraph 5, the due date for the Response was September 2, 2021.

The Respondent sent an informal email communication to the Center on August 2, 2021 in which it offered its unilateral consent to transfer the disputed domain name and indicated that it did not intend to file a Response. On August 2, 2021, the Center notified the parties that if they wished to explore settlement options then the Complainant should submit a request for suspension by latest August 7, 2021. The Complainant did not submit any such request. The Center therefore informed the Parties of the commencement of the Panel Appointment process on September 16, 2021.

The Center appointed Steven A. Maier as the sole...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT