Decisión del Panel Administrativo nº D2017-2158 of Tribunal Arbitral de la OMPI, February 15, 2018 (case Golden Goose S.P.A. v. Katja Muench)
|Defense:||Katja Muench, Katja Muench|
|Resolution Date:||February 15, 2018|
|Issuing Organization:||Tribunal Arbitral de la OMPI|
The Complainant is Golden Goose S.P.A. of Milan, Italy, represented by Scarpellini Naj-Oleari & Partners, Italy.
The Respondent is Katja Muench of Dresden, Germany.
The disputed domain name [goldenoutletit2017.com] is registered with 1API GmbH (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 3, 2017. On November 6, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 8, 2017, 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on November 9, 2017. In accordance with the Rules, paragraph 5, the due date for Response was November 29, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 30, 2018.
The Center appointed Albert Agustinoy Guilayn as the sole panelist in this matter on January 8, 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.
The Complainant is an Italian company active in the field of fashion, currently designing, manufacturing and distributing clothing and complements, having linked said activities to its GOLDEN GOOSE trademarks.
Indeed, the Complainant has used, registered or applied to register the trademarks GOLDEN GOOSE DELUXE BRAND and GOLDEN GOOSE for a wide variety of goods. Namely, the Complainant is the owner of the following registered trademarks:
- International Trademark No. 881244 GOLDEN GOOSE DELUXE BRAND, registered on December 12, 2005, in classes 3, 14 and 25.
- Italian Trademark No. 983654 GOLDEN GOOSE DELUXE BRAND, registered on November 11, 2005, in classes 3, 14, 18 and 25.
- Italian Trademark No. 1657474 GOLDEN GOOSE, registered on November 24, 2015, in classes 18, 25 and 35.
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