Decisión del Panel Administrativo nº D2019-1079 of WIPO Arbitration and Mediation Center, July 17, 2019 (case Ingenico Group v. Sammi Wilhi, Lng Group Pty Ltd)

Resolution DateJuly 17, 2019
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Ingenico Group v. Sammi Wilhi, Lng Group Pty Ltd

Case No. D2019-1079

1. The Parties

The Complainant is Ingenico Group, France, represented by Markplus International, France.

The Respondent is LNG GROUP PTY LTD / Sammi Wilhi, Lng Group Pty Ltd Australia.

2. The Domain Names and Registrar

The disputed domain name [ingeniico.com] is registered with NameCheap, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 9, 2019. On May 10, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 11, 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 13, 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 16, 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 17, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 6, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on June 7, 2019.

The Center appointed Reynaldo Urtiaga Escobar as the sole panelist in this matter on June 20, 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 proceeding is conducted in English, this being the language of the registration agreement for the disputed domain name, as confirmed by the Registrar.

4. Factual Background

The Complainant is a France-based payment solutions company delivering point of sale terminals, software, and payment services covering in-store, online, and mobile channels in 170 countries. The Complainant’s website is “www.ingenico.com”.

The Complainant owns the following international trademark registrations:

No. 1004927 for INGENICO (word mark), with a registration date of October 9, 2008, covering goods and services included in international classes 9, 16, 35, 36, 37, 38, and 42. The trademark registration has been renewed through October 9, 2028.

No. 1210578 for INGENICO (figurative mark), with a registration date of January 3, 2014, covering goods and services included in...

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