Decisión del Panel Administrativo nº D2013-0248 of Tribunal Arbitral de la OMPI, April 07, 2013 (case Bundesanzeiger Verlag GmbH v. Protected Domain Reg Ltd / Transfer Pending Status)
|Defense:||Protected Domain Reg Ltd / Transfer Pending Status|
|Resolution Date:||April 07, 2013|
|Issuing Organization:||Tribunal Arbitral de la OMPI|
The Complainant is Bundesanzeiger Verlag GmbH of Cologne, Germany, represented by Loschelder Rechtsanwälte, Germany.
The Respondent is Protected Domain Reg Ltd of London, the United Kingdom of Great Britain and Northern Ireland (the “UK) and Transfer Pending Status of the United States of America (the “US”).
The disputed domain name [bundesanzeiger.org] is registered with Alantron Bilişim Ltd Şti. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 6, 2013. On February 6, 2013, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On February 8, 2013, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is the current registrant of the disputed domain name and provided the full contact details for the disputed domain name registrant, which differed from the one indicated in the Complaint. Further to the Registrar’s verification response and with reference to the Registrar’s email communication of February 11, 2013 (concerning the expiry of the disputed domain name), the Center sent an email communication to the Registrar on February 15, 2013 noting that it will proceed on the understanding that the Respondent as named in the Complaint by the Complainant, “Protected Domain Reg Ltd”, is the current registrant of the disputed domain name and that the registrant details (“Transfer Pending Status” as indicated in the Registrar’s verification response) reflect the deletion by the customer “before [you] were notified about the UDRP proceeding”, as indicated in the Registrar’s email communication of February 11, 2013. The Center also informed the Registrar that it would proceed on the basis that the Respondent “Protected Domain Reg Ltd” is properly named by the Complainant, subject to any final determination or procedural steps by the Administrative Panel, upon appointment.
On February 15, 2013, the Center transmitted the language of the proceedings document to the parties in both English and Turkish. On February 18, 2013, the Complainant requested English to be the language of the proceedings. The Respondent did not submit its comments.
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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on February 21, 2013. In accordance with the Rules, paragraph 5(a), the due date for Response was March 13, 2013. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 15, 2013.
The Center appointed Kaya Köklü as the sole panelist in this matter on March 25, 2013. 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 is a limited liability company registered under the laws of Germany. It is a privately owned publishing company established in 1949. Since that year, it is mandated by the Federal Republic of Germany to publish the “Bundesanzeiger” (which is a German term and can be translated into the English language as the “Federal Gazette”), an official publication edited by the German Federal Ministry of Justice. It is used for publishing official documents such as treaties between the Federal Government and a Federal State, certain directives, decrees and administrative guidelines. Moreover, the “Bundesanzeiger” is also used for announcing mandatory legal and judicial announcements. Various German Acts explicitly refer to the “Bundesanzeiger”, such as the German Securities Trading Act, the German Limited Liability Company Act and the German Stock Corporation Act. The German Commercial Code even...
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