Decisión del Panel Administrativo nº D2019-0970 of WIPO Arbitration and Mediation Center, July 18, 2019 (case Dr. Ing. h.c. F.Porsche AG v. PrivateName Services Inc. / Veronica Gruenberger)

• Resolution Date: July 18, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Complaint denied
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Dr. Ing. h.c. F.Porsche AG v. PrivateName Services Inc. / Veronica Gruenberger

Case No. D2019-0970

1. The Parties

The Complainant is Dr. Ing. h.c. F.Porsche AG, Germany, represented by UNIT4 IP Rechtsanwälte, Stolz Stelzenmüller Weiser Grohmann Partnerschaft mbB Rechtsanwälte, Germany.

The Respondent is PrivateName Services Inc., Canada / Veronica Gruenberger, Austria.

2. The Domain Name and Registrar

The disputed domain name [cayennesex.com] (the “Disputed Domain Name”) is registered with World4You Internet Services GmbH (the “Registrar”).

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on April 29, 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 April 30, 2019, the Registrar transmitted by email to the Center its verification response confirming that the language of the registration agreement is in German and disclosing the registrant and contact information for the Disputed Domain Name which differed from the named Respondent and contact information in the Complaint.

On May 1, 2019, the Center sent a communication to the Parties, in English and German, regarding the language of the proceeding and provided the registrant and contact information disclosed by the Registrar, inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on May 3, 2019, in which it confirmed its request that English be the language of the proceeding. The Respondent did not comment on the language of the proceeding.

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 24, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 13, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on June 17, 2019.

The Center appointed John Swinson as the sole panelist in this matter on June 25, 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 Dr. Ing. h.c. F.Porsche AG, a company incorporated in Germany. The Complainant has been a maker of sports cars for more than 70 years. According to the Complaint, the “Cayenne” car model is the Complainant’s best-selling model, and is one of the most successful sports utility vehicles worldwide in the luxury car segment.

The Complainant owns a number of registered trade marks for CAYENNE (the “Trade Mark”) in various jurisdictions, including in the European Union and Canada, the...