Decisión del Panel Administrativo nº D2020-1629 of WIPO Arbitration and Mediation Center, September 13, 2020 (case Indigo Group, SAS v. Indigo investissement, Indigo investissement / Dominique Legrand, indigo-group / Patrick Hemich, Indigo parking)
| Resolution Date | September 13, 2020 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Indigo Group, SAS, France, represented by PROMARK, France.
The Respondent is Indigo investissement, Indigo investissement / Dominique Legrand, indigo-group / Patrick Hemich, Indigo parking, all of United States of America.
The disputed domain names [indigo-group.info], [indigo-investissement.com] and [parking-indigo.com] (“Domain Names”) are registered with Tucows Inc. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 22, 2020. On June 22, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Names. On June 22, 2020, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Names which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on July 2, 2020 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 July 7, 2020.
The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy ( “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 July 8, 2020. In accordance with the Rules, paragraph 5, the due date for Response was July 28, 2020. The Center received a late Response from InMotion Hosting on August 1, 2020 and the Panel has exercised its discretion to accept this late Response.
The Center appointed Nicholas Smith as the sole panelist in this matter on August 14, 2020. 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.
On August 31, 2020, the Panel issued Procedural Order 1 to the parties, the relevant text being reproduced below:
“Under the Rules for Uniform Domain Name Dispute Resolution Policy (the ‘Rules’), the Panel may, at its sole discretion request, in addition to the complaint and the response, further statements or documents from either of the Parties.”
The Panel notes that:
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The Response submitted on August 1, 2020 consented to the transfer of the disputed domain names [indigo-group.info], [indigo-investissement.com] and [parking-indigo.com] (the “Domain Names”) to the Complainant.
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The Response was filed by InMotion Hosting, the reseller of the Domain Names, not from the WhoIs and Registrar confirmed registrants (Indigo investissement, Indigo investissement, Dominique Legrand, indigo-group and Patrick Hemich, Indigo parking).
The Panel seeks confirmation that the Response consenting to the transfer of the Domain Names was filed on behalf or with the consent of the Respondent, prior to making an order to give effect to the consent provided in the Response.
Therefore the Panel makes the following orders:
“1. The Respondent or InMotion Hosting has until September 7, 2020 to provide any further confirmation to the Center that the Response was filed on behalf of the Registrar confirmed registrants (Indigo investissement, Dominique Legrand, indigo-group and...
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