Decisión del Panel Administrativo nº DNL2019-0007 of WIPO Arbitration and Mediation Center, June 12, 2019 (case EUROFRED, S.A. v. Dahlair BV)
| Resolution Date | June 12, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Países Bajos (.nl) |
Complainant is Eurofred S.A. of Barcelona, Spain, represented by Baker & McKenzie Barcelona, Spain.
Respondent is Dahlair B.V. of Oosterhout, the Netherlands, internally represented.
The disputed domain names [eurofredgroup.nl] and [eurofred.nl] (jointly: the “Domain Names”) are registered with SIDN through Registrar.eu.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 5, 2019. On March 6, 2019, the Center transmitted by email to SIDN a request for registrar verification in connection with the Domain Names. On March 7, 2019, SIDN transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details. The Center verified that the Complaint satisfied the formal requirements of the Dispute Resolution Regulations for .nl Domain Names (the “Regulations”).
In accordance with the Regulations, articles 5.1 and 16.4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on March 13, 2019. In accordance with the Regulations, article 7.1, the due date for Response was April 2, 2019. The Response was filed with the Center on March 31, 2019.
On April 4, 2019, SIDN commenced the mediation process. On May 2, 2019, SIDN confirmed to the parties that the dispute had not been solved in the mediation process.
The Center appointed Remco M.R. van Leeuwen as the panelist in this matter on May 9, 2019. The Panel finds that it was properly constituted. The Panelist has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required to ensure compliance with the Regulations, article 9.2.
Complainant is an international company, active in the distribution of air-conditioning, industrial heating, commercial refrigeration, and catering equipment, as well as accompanying spare parts and services. Complainant was founded in Spain in 1966 and has a presence throughout Western Europe and in Chile and Morocco.
Complainant has produced evidence that it is the owner of trademark registrations for:
- the figurative mark EUROFRED, registered in the European Union on April 26, 2004, with number 2865194, for goods and services in classes 11, 37, and 39;
- the figurative mark EUROFRED GROUP, registered in the European Union on March 6, 2014, with number 12216362, for goods and services in classes 11, 37, and 39;
- the figurative mark EUROFRED BEING EFFICIENT, registered in the European Union on December 23, 2014, with number 13131057, for goods and services in classes 11, 37, and 39; and
- the figurative mark EUROFRED GROUP BEING EFFICIENT, registered in the European Union on December 23, 2014, with number 13131156, for goods and services in classes 11, 37, and 39;
(hereinafter jointly referred to as: the “Trademarks”).
According to Complainant, it further holds various domain names containing the above mentioned trademarks EUROFRED and EUROFREDGROUP with Top-Level Domains such as “.com”, “.es”, “.eu”, “.fr”, and “.it”.
Complainant’s main distributor in the Netherlands for EUROFRED branded products and related services is ACR Klimaat B.V. (“ACR”). Complainant has a distributor relationship with ACR since 2009. Complainant has produced evidence that the sole director and shareholder of Respondent is a former employee of ACR, who left ACR on July 31, 2008.
The Domain Names were registered on October 7, 2009.
Complainant has submitted evidence that the Domain Names redirect to the website “www.dahlair.nl”. On that website various air conditioning products and related services are offered for sale that compete with Complainant’s products and services. Respondent is the holder of the domain name [dahlair.nl] and owner of the website “www.dahlair.nl”.
Complainant states that the Domain Names are identical and/or confusingly...
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