Decisión del Panel Administrativo nº DCH2019-0012 of WIPO Arbitration and Mediation Center, November 20, 2019 (case Blockworks AG v. Majercik Jan)

Resolution DateNovember 20, 2019
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionComplaint denied
DominioSuiza (.ch)

WIPO Arbitration and Mediation Center

EXPERT DECISION

Blockworks AG v. Majercik Jan

Case No. DCH2019-0012

1. The Parties

The Claimant is Blockworks AG, Switzerland, represented by EMM Legal, Switzerland.

The Respondent is Majercik Jan, Czech Republic, represented by Mr. Geiger, Switzerland.

2. Domain Name

The dispute concerns the domain name [scx.ch] (the “Disputed Domain Name”).

3. Procedural History

The Request was filed in with the WIPO Arbitration and Mediation Center (the “Center”) on August 23, 2019. On August 23, 2019, the Center transmitted by email to SWITCH, the “.ch” and “.li” registry, a request for verification in connection with the Disputed Domain Name. On August 27, 2019, SWITCH transmitted by email to the Center its verification response confirming that the Respondent is listed as the holder of the Disputed Domain Name and providing the relevant contact details. In response to a notification by the Center that the Request was administratively deficient, the Claimant filed an amended Request on August 30, 2019. The Center verified that the Request together with the amended Request satisfied the formal requirements of the Rules of procedure for dispute resolution proceedings for “.ch” and “.li” domain names (the “Rules of Procedure”), adopted by SWITCH, on March 1, 2004.

In accordance with the Rules of Procedure, paragraph 14, the Center formally notified the Respondent of the Request, and the Dispute resolution proceedings commenced on September 4, 2019. In accordance with the Rules of Procedure, paragraph 15(a), the due date for Response was September 24, 2019.

The Respondent filed a Response on September 23, 2019, and expressed his willingness to participate in a conciliation on September 27, 2019. The Center appointed Lorenz Ehrler as Conciliator in this matter on October 11, 2019.

In accordance with Rules of Procedure, paragraph 17, the Conciliation conference took place by telephone on November 1, 2019. The Conciliation conference did not result in a settlement between the Parties.

On November 4, 2019, the Center notified the Parties accordingly, after which the Claimant requested the continuation of the Dispute resolution proceedings on November 6, 2019, in accordance with paragraph 19 of the Rules of procedure and paid the required fees.

On November 15, 2019, the Center appointed Andrea Mondini as Expert in this case. The Expert finds that he was properly appointed. In accordance with Rules of Procedure, paragraph 4, the Expert has declared his independence of the parties.

4. Factual Background

The Claimant is a Swiss company which operates a crypto exchange under the brand SCX as an acronym for Swiss Crypto Exchange.

The Swiss trademark SCX (trademark registration number 711027) was filed on September 26, 2017, and registered on December 19, 2017 in the name of Swiss Future Project AG in International Classes 35, 36, 41, 42, and 45.

The Claimant changed its company name from Swiss Future Project AG to Blockworks AG.

The Disputed...

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