Decisión del Panel Administrativo nº DCO2019-0037 of WIPO Arbitration and Mediation Center, November 19, 2019 (case Granarolo S.p.A. v. Christian Pradal, Vip Yacht)

• Resolution Date: November 19, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Colombia (.co)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Granarolo S.p.A. v. Christian Pradal, Vip Yacht

Case No. DCO2019-0037

1. The Parties

The Complainant is Granarolo S.p.A., Italy, represented by Perani Pozzi Associati, Italy.

The Respondent is Christian Pradal, Vip Yacht, Spain.

2. The Domain Name and Registrar

The disputed domain name [granarologroup.co] is registered with 1&1 IONOS SE (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 17, 2019. On September 17, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On September 23, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on September 27, 2019 providing the registrant and contact information disclosed by the Registrar and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on September 30, 2019.

The Center sent an email communication to the parties on September 27, 2019 regarding the language of the proceeding, as the Complaint has been submitted in English and the language of the registration agreement for the disputed domain name is Spanish. The Complainant submitted a request for English to be the language of the proceeding on September 30, 2019. The Respondent did not submit any communication regarding the language of the proceeding.

The Center verified that the Complaint together with the amendment to 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 October 4, 2019. In accordance with the Rules, paragraph 5, the due date for Response was October 24, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 30, 2019.

The Center appointed Rodrigo Velasco Santelices as the sole panelist in this matter on November 8, 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

The Complainant states that represents the most important Italian milk production chain, being a well known food company established in 1957 and based in Bologna which operates in the fresh milk and dairy-cheese sector (milk, yoghurt, desserts, ice cream, fresh cream and long-life cream, fresh and aged cheeses, and milk-based baby food), and also in relation with dry pasta, deli meats and vegetable foods.

In 1957, the Bologna Consortium of Milk Producers is created (CBPL), soon known as “Granarolo”. The Bologna Consortium of Milk Producers is one of the first experiences of producers not only engaged in collection, but also in processing and commercialization of milk. Lately, Granarolo and cooperative Felsinea Latte join to launch a bigger reality: the CERPL (Consorzio Emiliano - Romagnolo Produttori...