Decisión del Panel Administrativo nº D2010-0687 of WIPO Arbitration and Mediation Center, June 17, 2010 (case Euronics Italia S.p.A. v. Forsyte Corporation)

• Judge: Selma Ünlü
• Resolution Date: June 17, 2010
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Euronics Italia S.p.A. v. Forsyte Corporation

Case No. D2010-0687

1. The Parties

The Complainant is Euronics Italia S.p.A. of Milano, Italy, represented by Perani Pozzi Tavella, Italy.

The Respondent is Forsyte Corporation of Nassau, Bahamas.

2. The Domain Name and Registrar

The disputed domain name [euronics-point.com] is registered with PriceDomain.ca Internet Services Corporation.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 30, 2010. On April 30, 2010, the Center transmitted by email to PriceDomain.ca Internet Services Corporation a request for registrar verification in connection with the disputed domain name. On the same date, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. The Center verified that 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on May 6, 2010. In accordance with the Rules, paragraph 5(a), the due date for Response was May 26, 2010. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on May 27, 2010.

The Center appointed Selma Ünlü as the sole panelist in this matter on June 3, 2010. 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 facts stated in the Complaint are as follows:

(1) The Complainant, established in 1999, is the leading distributor of household appliances and consumer electronics and successor of the historic mark GET founded in 1972. The GET Group promoted the creation of Euronics International that is present within Europe holding over 11,500 outlets and realizing a turnover of EUR 33 million.

(2) The Complainant conducts its business almost exclusively in connection with the name and trademarks EURONICS and EURONICS POINT. As per the information provided by the Complainant and the evidence filed under Annex E, the Complainant is the registered owner of the EURONICS trademark registration and applications (such as “Euronics”, “Euronics Point & logo”, “Shop on line Euronics”), both word and figurative marks, in many jurisdictions (including but not limited to Italy and the European Union Community), the earliest of which dates back to September 1998.

(3) Euronics Italia runs also an e-commerce business on its website “www.euronics.it” and “www.euronicspoint.com” managed by a marketing agency.

(4) The Complainant has been informed of the registration of the disputed domain name [euronics-point.com] on June 29, 2008...