Decisión del Panel Administrativo nº DIR2018-0001 of WIPO Arbitration and Mediation Center, February 23, 2018 (case Futurelearn Limited v. Ahmad Rezaeian Asrami)

Resolution DateFebruary 23, 2018
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioIrán (.ir)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Futurelearn Limited v. Ahmad Rezaeian Asrami

Case No. DIR2018-0001

1. The Parties

The Complainant is Futurelearn Limited of Milton Keynes, United Kingdom of Great Britain and Northern Ireland ("United Kingdom"), represented Gregg Latchams, United Kingdom.

The Respondent is Ahmad Rezaeian Asrami of Sari, Mazandaran, Islamic Republic of Iran.

2. The Domain Name and Registrar

The disputed domain name [futurelearn.ir] (the "Disputed Domain Name") is registered with IRNIC.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on January 3, 2018. On January 3, 2018, the Center transmitted by email to IRNIC a request for registrar verification in connection with the Disputed Domain Name. On January 7, 2018, IRNIC transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. Hard copies of the Complaint were received by the Center on January 10, 2018.

The Center verified that the Complaint satisfied the formal requirements of the .ir Domain Name Dispute Resolution Policy (the "Policy" or "irDRP"), the Rules for .ir Domain Name Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for .ir 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 January 12, 2018. In accordance with the Rules, paragraph 5(a), the due date for Response was February 1, 2018. On February 5, 2018, the Center notified the Respondent's default.

The Center appointed Flip Jan Claude Petillion as the sole panelist in this matter on February 20, 2018. 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, Futurelearn Limited, is a global provider of digital education services with almost seven million users in more than 230 countries worldwide. This included users from the Islamic Republic of Iran until the Complainant decided to restrict access to those users because of United States Government regulations. The Complainant is working to ease this restriction of access.

The Complainant is the holder of the following European Union trademark registration which it uses in connection with its business of providing online educational services:

- FUTURELEARN, word mark registered with the European Union Intellectual Property Office ("EUIPO") under No. 011445517 on August 9, 2013 in classes 9, 38, 41 and 42.

The Disputed Domain Name was registered by the Respondent on February 25, 2017. The Disputed Domain...

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