Decisión del Panel Administrativo nº D2012-1874 of WIPO Arbitration and Mediation Center, November 15, 2012 (case Lise Charmel Industrie v. Laurela Inc., Alexander Kargin-Utkin / Domains By Proxy LLC)
Resolution Date | November 15, 2012 |
Issuing Organization | WIPO Arbitration and Mediation Center |
Decision | Complaint denied |
Dominio | Generic Domains |
The Complainant is Lise Charmel Industrie of Lyon, France, represented by WITETIC, France.
The Respondent is Laurela Inc., Alexander Kargin-Utkin of Brooklyn, New York, United States of America, represented internally / Domains By Proxy LLC of Scottsdale, Arizona, United States of America.
The disputed domain name [lisecharmel.org] is registered with GoDaddy.com, LLC. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 19, 2012. On September 20, 2012, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On September 25, 2012, 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 and confirming that Laurela Inc., Alexander Kargin-Utkin was in fact the Respondent.
The Center sent an email communication to the Complainant on October 1, 2012, 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 October 1, 2012.
The Center verified that the Complaint, together with the amendment to 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 October 4, 2012. In accordance with the Rules, paragraph 5(a), the due date for Response was October 24, 2012. The Response was filed with the Center on October 23, 2012.
The Center appointed Alistair Payne as the sole panelist in this matter on November 1, 2012. 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 has operated since 1975 from France as the manufacturer of its LISE CHARMEL range of women’s undergarments. It distributes its products in numerous jurisdictions including the United States of America and owns a range of trademark registrations for the range worldwide including in particular a word mark registration for LISE CHARMEL in France under registration number 1555185 since 1989. The Complainant also owns a range of domain names incorporating the LISE CHARMEL mark.
The Respondent, based in the United States, has since August 2008 operated an on-line business from a website at the domain name “www.laurela.com” selling various ranges of women’s undergarments, including the Complainant’s garments since 2008. Subsequently the Respondent set up a blog site concerning the Complainant’s products under the disputed domain name. It registered the disputed domain name on June 6, 2009.
The Complainant submits that the operative elements of the disputed domain name are...
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