Decisión del Panel Administrativo nº DTV2019-0001 of WIPO Arbitration and Mediation Center, May 27, 2019 (case Dorna Sports, S.L. v. Whois Agent, Whois Privacy Protection Service, Inc. / Derek Hicks, ETS.Racing)
| Resolution Date | May 27, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Tuvalu (.tv) |
The Complainant is Dorna Sports, S.L. of Madrid, Spain, represented by UBILIBET, Spain.
The Respondent is Whois Agent, Whois Privacy Protection Service, Inc. of Kirkland, Washington, United States of America (the “United States”) / Derek Hicks, ETS.Racing of Gateshead, United Kingdom.
The disputed domain name [motogp.tv] is registered with eNom, Inc. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 25, 2019. On March 25, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On March 26, 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 March 27, 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 March 28, 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 March 29, 2019. In accordance with the Rules, paragraph 5, the due date for Response was April 18, 2019, which was extended until April 22, 2019 following a request from the Respondent. The Response was filed with the Center on April 22, 2019.
The Center appointed Warwick A. Rothnie as the sole panelist in this matter on May 3, 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.
According to the Complaint, the Complainant was established in 1988 and, since 1991, has been managing the MotoGP world championship. As a result, the Complainant holds the exclusive commercial and television broadcast rights to the FIM Road Racing World Championship Grand Prix (i.e., the “MotoGP”).
The Complainant has provided evidence that it owns numerous registered trademarks for a figurative mark consisting of the word “MotoGP” and a stylised representation of (presumably) a chequered flag. For present purposes, it is sufficient to record the specifics of one registration, European Union Trademark No. 001382795. This trademark is registered in respect of a wide range of goods and services in international classes 3, 4, 8, 9, 12, 14, 16, 18, 20, 21, 24, 25, 28, 30, 32, 34, 35, 38, 41 and 42. The application was filed on November 12, 1999 and formally registered on February 13, 2001.
The Respondent registered the disputed domain name on November 6, 2002.
It is not in dispute between the parties that the disputed domain name has never resolved to an active website. The disputed domain name does appear, however, to have been listed for sale on the website at [afternic.com] as discussed further below in section 5C.
Paragraph 4(a) of the Policy provides that in order to divest the Respondent of the disputed domain name, the Complainant must demonstrate each of the following:
(i) the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
(ii) the Respondent has no rights or legitimate interests in respect of the disputed domain name; and
(iii) the disputed domain name has been registered and is being used in bad faith.
Paragraph 15(a) of the Rules directs the Panel to decide the Complaint on the basis of the statements and documents submitted and in accordance with the...
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