Decisión del Panel Administrativo nº D2019-0072 of WIPO Arbitration and Mediation Center, March 11, 2019 (case Financiere Alma Capital v. Medhat AK Habbab, Alma Capital Holding Group)

• Resolution Date: March 11, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Complaint denied
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Financiere Alma Capital v. Medhat AK Habbab, Alma Capital Holding Group

Case No. D2019-0072

1. The Parties

Complainant is Financiere Alma Capital of Paris, France represented by Novagraaf France, France.

Respondent is Medhat AK Habbab, Alma Capital Holding Group of Kowloon, Hong Kong, China.

2. The Domain Name and Registrar

The disputed domain name [almacapitalholdinggroup.net] is registered with Ascio Technologies Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 14, 2019. On January 14, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 22, 2019, the Registrar 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 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 Respondent of the Complaint, and the proceedings commenced on January 23, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 12, 2019. Respondent did not submit any formal response. Accordingly, the Center notified Respondent’s about Commencement of Panel Appointment Process on February 13, 2019.

The Center appointed Georges Nahitchevansky the sole panelist in this matter on February 21, 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

Complainant, Financiere Alma Capital, is an asset management company with offices in Luxembourg, Paris and London. Complainant is the owner of a European Union Trademark registration for ALMA CAPITAL (No. 002800969) in connection with various financial services. That registration issued to registration on December 18, 2003. Complainant also owns and currently uses the domain name [almacapital.com] to provide information on and to promote Complainant’s financial services. Complainant registered the [almacapital.com] domain name on February 7, 2005.

Respondent, Medhat Ak Habbab, is an individual affiliated with a Hong Kong based company by the name of Alma Capital Holding Group. The Alma Capital Holding Group company was registered in Hong Kong on June 14, 2016 and operates as a management company providing financial and commercial services, such as loans and financing for projects. Respondent Medhat Ak Habbad appears to be the Chairman and CEO of Alma Capital Holding Group.

Respondent registered the disputed domain name on May 9, 2017...