Decisión del Panel Administrativo nº D2018-1704 of WIPO Arbitration and Mediation Center, October 17, 2018 (case Club Med SAS v. FBS Inc, Whoisprotection.biz / Ferzen Erdem)

• Resolution Date: October 17, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Club Med SAS v. FBS Inc, Whoisprotection.biz / Ferzen Erdem

Case No. D2018-1704

1. The Parties

The Complainant is Club Med SAS of Paris, France, represented by CSC Digital Brand Services AB, Sweden.

The Respondent is FBS Inc, Whoisprotection.biz of Turkey / Ferzen Erdem of Antalya, Turkey.

2. The Domain Names and Registrar

The disputed domain names [clubmed.istanbul], [clubmedspor.com] and [clubmedspor.org] are registered with FBS Inc. (the “Registrar”).

3. Procedural History

The Complaint in English was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 27, 2018. On July 27, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name [clubmed.istanbul]. On July 30, 2018, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name [clubmed.istanbul], which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on July 30, 2018 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed the first amended Complaint on August 1, 2018, whereby it included the disputed domain names [clubmedspor.com] and [clubmedspor.org] to the Complaint.

Pursuant to the Complaint submitted in English and the registrar verification dated July 30, 2018 stating that Turkish is the language of the registration agreement of the disputed domain name, on the same day, the Center sent a request in English and Turkish that the Parties submit their comments on the language of the proceeding. On August 1, 2018, the Complainant submitted its request for English to be the language of the proceeding. The Respondent did not submit any request regarding the language of the proceeding and submitted its informal email communications in English.

In accordance with paragraph 17(a)(iii) of the Rules, on August 8, 2018, the Center notified the Parties that the proceeding was suspended until September 7, 2018. On August 24, 2018, the Complainant submitted the second amended Complaint and requested that the proceeding be reinstituted. On the same day, the Center notified the Parties that the proceeding was reinstituted and transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names [clubmedspor.com] and [clubmedspor.org]. On August 27, 2018, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.

The Center verified that the Complaint together with the amended Complaints 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 August 28, 2018. In accordance with the Rules, paragraph 5, the due date for Response was September 17, 2018. The Respondent submitted several informal email communications...