Decisión del Panel Administrativo nº D2017-0213 of WIPO Arbitration and Mediation Center, April 04, 2017 (case Comair Limited v. Domain Admin, Privacy Protection Service INC d/b/a PrivacyProtect.org / Domain Admin, Private Registrations Aktien Gesellschaft)

Resolution DateApril 04, 2017
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Comair Limited v. Domain Admin, Privacy Protection Service INC d/b/a PrivacyProtect.org / Domain Admin, Private Registrations Aktien Gesellschaft

Case No. D2017-0213

1. The Parties

The Complainant is Comair Limited of Johannesburg, South Africa, represented by Adams & Adams Attorneys, South Africa.

The Respondent is Domain Admin, Privacy Protection Service INC d/b/a PrivacyProtect.org of Nobby Beach, Queensland, Australia / Domain Admin, Private Registrations Aktien Gesellschaft of Kingstown, Saint Vincent and the Grenadines.

2. The Domain Name and Registrar

The disputed domain name [khulula.com] is registered with PDR Ltd. d/b/a PublicDomainRegistry.com (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 3, 2017. On February 3, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On February 4, 2017, 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. The Center sent an email communication to the Complainant on February 7, 2017 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed two amended Complaints on February 9, 2017 and February 10, 2017 respectively.

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 February 16, 2017. In accordance with the Rules, paragraph 5, the due date for Response was March 8, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent of its default on March 9, 2017.

The Center appointed Dennis A. Foster as the sole panelist in this matter on March 21, 2017. 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.

4. Factual Background

The Complainant is a South African company that has been in existence since 1946 and began operating low-fare airline services under the KULULA trademark in 2001. Not only have those services spread to other neighboring countries and regions, the Complainant has also expanded to offer automobile and accommodation rental and financial services online through its [kulula.com] domain name. The Complainant registered its KULULA mark in many countries, including South Africa (e.g., Registration No. 2001/10306; registered on June 27, 2005).

The Respondent is the present owner of the disputed domain name, [khulula.com]. It was registered initially by the Complainant on May 18, 2001, but was acquired by the Respondent on or about December 28, 2016. The disputed domain name now hosts a website that offers services that compete directly with...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT