Decisión del Panel Administrativo nº D2019-1086 of WIPO Arbitration and Mediation Center, July 09, 2019 (case DeLaval Holding AB v. CIMPRESS SCHWEIZ GmbH)

• Resolution Date: July 09, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

DeLaval Holding AB v. CIMPRESS SCHWEIZ GmbH

Case No. D2019-1086

1. The Parties

The Complainant is DeLaval Holding AB, Sweden, represented by Valea AB, Sweden.

The Respondent is CIMPRESS SCHWEIZ GmbH, Switzerland.

2. The Domain Name and Registrar

The disputed domain name [delavol.com] is registered with Tucows Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 10, 2019. On May 10, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 13, 2019, 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 May 13, 2019 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 May 16, 2019.

The Center verified that the Complaint together with the amended 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 May 23, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 12, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on June 21, 2019.

The Center appointed Peter Burgstaller as the sole panelist in this matter on June 21, 2019. 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 Swedish company which owns trademarks and service marks for example DELAVAL, Reg. No. 2,705,930, USPTO, registered on April 15, 2003. The DELAVAL trademark is registered both as word marks as well as part of device marks throughout the world, with more than 800 registrations.

The “DeLaval Group” of which the Complainant is part is now a member of the “Tetra Laval Group” and a full-service supplier to dairy farmers; it develops...