Decisión del Panel Administrativo nº D2018-1946 of WIPO Arbitration and Mediation Center, November 16, 2018 (case Hiawatha National Bank v. Martha Coe)

• Resolution Date: November 16, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Hiawatha National Bank v. Martha Coe

Case No. D2018-1946

1. The Parties

The Complainant is Hiawatha National Bank of Hager City, Wisconsin, United States of America (“United States”), represented by Reinhart Boerner Van Deuren s.c., United States.

The Respondent is Martha Coe of Lekki Lagos, Nigeria.

2. The Domain Name and Registrar

The disputed domain name [hnbwi.com] (“the Disputed Domain Name”) is registered with OwnRegistrar, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 28, 2018. On August 28, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On August 29, 2018, 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 September 4, 2018. In accordance with the Rules, paragraph 5, the due date for Response was September 24, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 25, 2018.

The Center appointed Pablo Palazzi as the sole panelist in this matter on October 1, 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 is a national banking association organized under the laws of the United States. The Complainant provides personal banking services such as checking, personal savings, and health saving account among others.

The Complainant has used HIAWATHA NATIONAL BANK as a trade name and trademark in connection with Hiawatha Bank Services since 1998 and uses since then the abbreviations “HNB” or “HN Bank” in connection with its Hiawatha Bank Services.

Furthermore, the Complainant is the owner of the domain name [hnbank.com] which was registered on January 10, 1999.

The Disputed Domain Name [hnbwi.com] was registered on June 22, 2018.

The Disputed Domain Name is currently inactive. However, the Complainant provided evidence that the Disputed Domain Name resolved to a website with the look and feel of the Complainant’s website available at “www.hnbank.com” with, inter alia, the contact information of the Complainant.

5. Parties’ Contentions

A. Complainant

The Complainant’s contentions can be summarized as follows:

Identical or confusingly similar

The Complainant states that it has rights over HNB and the HIAWATHA NATIONAL BANK trademarks. The...