Decisión del Panel Administrativo nº D2018-2607 of WIPO Arbitration and Mediation Center, March 15, 2019 (case Edenred v. See PrivacyGuardian.org, Domain Administrator / Mark Jones)

Resolution DateMarch 15, 2019
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Edenred v. See PrivacyGuardian.org, Domain Administrator / Mark Jones

Case No. D2018-2607

1. The Parties

The Complainant is Edenred of Malakoff, France, represented by Dreyfus associés, France.

The Respondent is See PrivacyGuardian.org, Domain Administrator of Phoenix, Arizona, United States of America / Mark Jones of Auckland, New Zealand.

2. The Domain Name and Registrar

The disputed domain name [ticketsrestaurant.com] is registered with NameSilo, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 14, 2018. 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 November 14, 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 November 21, 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 amended Complaint on November 26, 2018.

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 November 28, 2018. On November 30, 2018, however, the Complainant requested a suspension of the proceedings. On January 29, 2019, the Center received notification from the Complainant that it wished to reinstitute the proceedings. In accordance with the Rules, paragraph 5, the due date for Response was February 16, 2018. The Center received various email communications from the second-named Respondent[1 ] in the period between November 21, 2018, and February 19, 2019. Following receipt of the Respondent’s communication on February 19, 2019, the Center informed the Parties of the Commencement of Panel Appointment Process.

The Center appointed Warwick A. Rothnie as the sole panelist in this matter on February 28, 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 provides what it calls transactional solutions. One of its solutions is a meal voucher or card system known as “Ticket Restaurant”.

The first “Ticket Restaurant” meal vouchers were introduced to the market in France in 1962. It became an officially recognised employee benefit by governmental decree in 1967. Beginning in 1976, the concept was exported to other countries. According to the Complaint, the “Ticket Restaurant” system is now used in 30 countries around the world by millions of employees, including in the United Kingdom.

In the United Kingdom, the Complainant’s “Ticket Restaurant” service is made available through its website at [edenred.co.uk]. The domain name [ticketrestaurant.co.uk] redirects to that website. The “Ticket Restaurant” card can be used at thousands of...

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