Decisión del Panel Administrativo nº D2019-0327 of WIPO Arbitration and Mediation Center, April 15, 2019 (case Derimod Konfeksiyon Ayakkabi Deri Sanayi ve Ticaret Anonim Şirketi v. Jan Everno, Name Management Group)

• Resolution Date: April 15, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Derimod Konfeksiyon Ayakkabi Deri Sanayi ve Ticaret Anonim Şirketi v. Jan Everno, Name Management Group

Case No. D2019-0327

1. The Parties

The Complainant is Derimod Konfeksiyon Ayakkabi Deri Sanayi ve Ticaret Anonim Şirketi of Istanbul, Turkey, represented by Grup Ofis Marka Patent Inc., Turkey.

The Respondent is Jan Everno, Name Management Group of Grandville, Michigan, United States of America.

2. The Domain Name and Registrar

The disputed domain name [derimod.com] is registered with NamePal.com #8004 (the “Registrar”).

3. Procedural History

The Complaint was filed in Turkish with the WIPO Arbitration and Mediation Center (the “Center”) on February 12, 2019. On the same day, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On February 13, 2019, the Registrar transmitted by email to the Center its verification response, confirming that the language of the Registration Agreement is English. On February 13, 2019, the Center sent an email in English and Turkish to the Parties regarding the language of the proceeding. The Complainant requested Turkish to be the language of the proceeding on February 14, 2019. The Respondent did not comment on the language of the proceeding by the specified due date. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amended Complaint on February 14, 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 February 20, 2019. In accordance with the Rules, paragraph 5, the due date for Response was March 12, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on March 13, 2019.

The Center appointed Kaya Köklü as the sole panelist in this matter on March 20, 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 company established in 1974 in Turkey. It is internationally active in the field of leather fashion, including foot wear.

The Complainant owns various trademark registrations for its DERIMOD mark, such as Turkish Trademark Registration No. 2003 02045...