Decisión del Panel Administrativo nº D2019-1146 of WIPO Arbitration and Mediation Center, July 08, 2019 (case Hays plc. v. Registration Private, Domains By Proxy, LLC / Nayyer Khan)
| Resolution Date | July 08, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Hays plc, United Kingdom, represented by Osborne Clarke LLP, United Kingdom.
The Respondent is Registration Private, Domains By Proxy, LLC, United States of America (“United States”) / Nayyer Khan, Australia.
The disputed domain name [haysrecruiters.com] is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 17, 2019. On May 17, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 20, 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 May 23, 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 amended Complaint on May 24, 2019.
The Center verified that the Complaint together with the amended 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 May 29, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 18, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on June 20, 2019.
The Center appointed Andrew Brown Q.C. as the sole panelist in this matter on June 27, 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.
The Complainant states that it is the leading global expert in qualified, professional and skilled recruitment. It employs approximately 11,000 people around the world to partner with clients and candidates providing recruitment services in 33 countries and is an FTSE 250 company.
The Complainant also states that it (and its predecessors in title) was founded over 50 years ago and started as the “Career Care Group”. In 1986, the Career Care Group was acquired by Hays plc and re-branded to HAYS, which is the core part of the Complainant’s business today.
The Complainant is the owner of a number of trade marks covering the HAYS brand and registered internationally including, but not limited to the United Kingdom, Europe and the United States.
Example trade marks include:
- United Kingdom trade mark No. 00001395978 for HAYS in class 35, registered on October 16, 1992;
- European Union trade mark No. 000005637 for HAYS in class 35, registered on October 19, 1999;
- European Union trade mark No. 10544732 for HAYS RECRUITING EXPERTS WORLDWIDE in class 35, registered on May 17, 2012;
- United States trade mark No. 4043786 for HAYS in...
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