Decisión del Panel Administrativo nº DNL2017-0010 of WIPO Arbitration and Mediation Center, March 31, 2017 (case Fossil Group Europe GmbH and Fossil Group, Inc. v. Anke Eisenhower soho)

• Resolution Date: March 31, 2017
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Países Bajos (.nl)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Fossil Group Europe GmbH and Fossil Group, Inc. v. Anke Eisenhower soho

Case No. DNL2017-0010

1. The Parties

Complainants are Fossil Group Europe GmbH of Basel, Switzerland and Fossil Group, Inc. of Richardson, Texas, United States of America, represented by LXA N.V., the Netherlands.

Respondent is Anke Eisenhower soho of Landsberg, Germany.

2. The Domain Name and Registrar

The disputed domain name [fossilnederland.nl] (the “Domain Name”) is registered with SIDN through Registrar.eu.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 14, 2017. On February 15, 2017, the Center transmitted by email to SIDN a request for registrar verification in connection with the Domain Name. On February 16, 2017, 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 February 17, 2017. In accordance with the Regulations, article 7.1, the due date for Response was March 9, 2017. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on March 10, 2017.

The Center appointed Dinant T. L. Oosterbaan as the panelist in this matter on March 27, 2017. 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.

4. Factual Background

According to the evidence submitted by Complainants, Complainants hold multiple trademark registrations for FOSSIL, including a Benelux trademark with registration number 0561512 and a registration date of August 1, 1995 and a European Union trademark with number 000431148 and a registration date of May 28, 2002. The trademark FOSSIL is used by Complainants in the design, production and sale of lifestyle accessories such as watches, jewelry, handbags and small leather goods.

The Domain Name, [fossilnederland.nl], was registered by Respondent on September 1, 2016.

The Domain Name resolves to a webshop that appears to...