Decisión del Panel Administrativo nº D2021-2450 of WIPO Arbitration and Mediation Center, October 15, 2021 (case BSH Hausgeräte GmbH, Robert Bosch Gmbh v. Trading MVK LLC)
| Resolution Date | October 15, 2021 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is BSH Hausgeräte GmbH, Robert Bosch Gmbh, Germany, represented by Stobbs IP Limited, United Kingdom.
The Respondent is Trading MVK LLC, Ukraine.
The disputed domain name [boschua.com] (the “Domain Name”) is registered with Registrar of Domain Names REG.RU LLC (the “Registrar”).
The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on July 28, 2021. On July 28, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On August 3, 2021, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name, which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on August 3, 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 August 6, 2021.
On August 3, 2021, the Center sent an email to the Parties in English and Russian regarding the language of the proceedings. On August 6, 2021, the Complainant reconfirmed its request that English be the language of the proceedings referring to respective arguments in support of its request. The Respondent did not provide any comments regarding the language of the proceedings.
The Center verified that the Complaint together with the 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 in both English and Russian, and the proceedings commenced on August 11, 2021. In accordance with the Rules, paragraph 5, the due date for Response was August 31, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 6, 2021.
The Center appointed Piotr Nowaczyk as the sole panelist in this matter on October 1, 2021. 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.
The Complainant in the present proceedings is Robert Bosch GmbH (the “First Complainant”) and BSH Hausgeräte GmbH (the “Second Complainant”).
The First Complainant is a global supplier of technology services. It owns 440 subsidiaries in over 60 countries and works with service partners across 150 regions worldwide. In 2019, the First Complainant generated worldwide sales of approximately EUR 77.7 billion. The Second Complainant is one of the largest home appliance manufacturers in Europe.
The First Complainant is the owner of numerous BOSCH trademark registrations, including:
- the International Registration BOSCH No. 265704 registered on February 14, 1963;
- the International Registration BOSCH No. 675705 registered on December 14, 1996;
- the Ukrainian Registration BOSCH No. 1544 registered on September 30, 1993;
- the Ukrainian Registration BOSCH (in Cyrillic) No. 1876 registered on October 15, 1993.
The Second Complainant has been a trade mark licensee of the First Complainant for the BOSCH mark since May 31, 2000.
The Complainant is also the owner of numerous domain names...
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