Decisión del Panel Administrativo nº D2018-2148 of WIPO Arbitration and Mediation Center, November 15, 2018 (case DIGITI limited liability company v. Privacy Administrator, Anonymize, Inc / Michele Dinoia, Macrosten LTD)
| Resolution Date | November 15, 2018 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Complaint denied |
| Dominio | Generic Domains |
The Complainant is DIGITI limited liability company of Zandhoven, Belgium, represented by ConSenso Advocaten, Belgium.
The Respondent is Privacy Administrator, Anonymize, Inc of Bellevue, Washington, United States of America (“United States”) / Michele Dinoia, Macrosten LTD of Nicosia, Cyprus, represented by WEBLEGAL, Italy.
The disputed domain name [digiti.com] (the “Disputed Domain Name”) is registered with Epik, Inc. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 20, 2018. On September 20, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On September 25, 2018, 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 September 28, 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 an amendment to the Complaint on October 3, 2018.
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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on October 10, 2018. In accordance with the Rules, paragraph 5, the due date for Response was October 30, 2018. The Response was filed with the Center on October 30, 2018.
The Center appointed Nick J. Gardner as the sole panelist in this matter on November 5, 2018. 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 is a company incorporated in Belgium. The Panel has been provided with no information about its business other than the fact that it owns European Union trade mark number 017630955 for the word “DIGITI” registered on May 9, 2018 and it says that it uses the DIGITI trademark in in connection with the IT sector. This trademark is referred to in this decision as the “DIGITI trademark”.
The Disputed Domain Name was registered by the Respondent on April 25, 2002. According to the Complaint it has been linked to a webpage which carries pay-per-click (“PPC”) links. No copy of that page was placed in evidence. At the time of this decision it links to a webpage which carries automatically generated PPC links and indicates that the Disputed Domain Name may be for sale.
The word “digiti” is in Italian the plural of the word “digitus” meaning finger, and is also in Italian a form (second person singular) of the verb “digitare” meaning “to type”.
The Complaint is remarkably short and devoid of information. The Panel does not know when the Complainant was formed, what it does or indeed anything about it beyond its ownership of the DIGITI trademark. The points made in the Complaint are as follows.
The Complainant says the Disputed Domain Name is identical to its DIGITI trademark.
The Complainant says that the Respondent has no rights or legitimate interests in respect of the Disputed Domain Name. It says the Disputed Domain Name resolves to a webpage containing unrelated third party hyperlinks. It says the Respondent is not making a legitimate noncommercial or fair use of the Disputed Domain Name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark...
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