Decisión del Panel Administrativo nº D2018-1107 of WIPO Arbitration and Mediation Center, August 16, 2018 (case Calvin Klein Trademark Trust, Calvin Klein Inc. v. Camille Walters)
| Resolution Date | August 16, 2018 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Calvin Klein Trademark Trust, Calvin Klein Inc. of New York, New York, United States of America (“United States”), represented by Kestenberg Siegal Lipkus LLP, Canada.
The Respondent is Camille Walters of Breda, the Netherlands, self-represented.
The disputed domain name [calvinklein.amsterdam] (“Domain Name”) is registered with Metaregistrar BV (the “Registrar”).
The complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 16, 2018. On the same day, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On May 17, 2018, the Registrar transmitted by email to the Center its verification response informing that the Respondent is listed as the registrant and providing the contact details.
The Center sent an email communication in Dutch and English to the Parties on May 22, 2018, regarding the language of the proceeding, as the Complaint was submitted in English and the language of the registration agreement for the Domain Name is Dutch. The Complainant confirmed its request for English to be the language of the proceeding on May 22, 2018. On the same day, the Respondent sent an email communication in English to the Center with the possibility of transferring the Domain Name to the Complainant. Taking into account the Respondent’s email, the Center sent an email to the Parties inviting the Complainant to request a suspension of the proceeding so that the Parties could explore settlement options. The Complainant sent an email requesting the suspension of the proceeding on May 24, 2018. The Center notified the Parties of the suspension of the proceeding on May 24, 2018. The Complainant requested by email the reinstitution of the proceeding on June 11, 2018. The Center reinstituted the proceeding on June 12, 2018.
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 proceedings commenced on June 19, 2018. In accordance with the Rules, paragraph 5, the due date for Response was July 9, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Parties of the Commencement of Panel Appointment Process on July 11, 2018.
The Center appointed Geert Glas as the sole panelist in this matter on July 24, 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.
Calvin Klein Trademark Trust and Calvin Klein, Inc, collectively referred to as Complainant, have been engaged for years in the worldwide production, sale, and licensing of men’s and women’s apparel, fragrances, accessories, footwear, and other merchandise.
The Complainant holds trademark registrations for CALVIN KLEIN in various jurisdictions, including in the United States with trademark registration number 1086041, registered on February 21, 1978., as well as in the United Kingdom of Great Britain and Northern Ireland, the European Union, China, the Russia Federation, and the Netherlands.
The Registrar has confirmed to the Center on May 17, 2018, that the Domain Name has been registered to Camille Walters, the Respondent, since December 30, 2017. It appears from the Complaint that the website to which the Domain Name resolves displays the message: “[t]he domain name calvinklein.amsterdam has been deleted”. Additionally, the website contains (i) a listing of other domain names that are offered for sale, such as [thecalvinklein.com] and [calvinkleinunderklader.se] and (ii) a search function allowing the visitor to search through “millions of domains”.
The following is a summary of the Complainant’s contentions.
The Complainant requests that the Domain Name be transferred to it on the following grounds:
(i) The Domain Name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (first element (i) of paragraph 4(a) of the Policy)
The Complainant contends that the Domain Name is confusingly similar to its CALVIN KLEIN trademark. With regard to said trademark, the Complainant contends that it has developed considerable goodwill. The Complainant supports this position by referring to...
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