Decisión del Panel Administrativo nº DNL2021-0035 of WIPO Arbitration and Mediation Center, October 14, 2021 (case Instagram, LLC v. Bart van Mourik)

Resolution DateOctober 14, 2021
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioPaíses Bajos (.nl)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Instagram, LLC v. Bart van Mourik

Case No. DNL2021-0035

1. The Parties

Complainant is Instagram, LLC, United States of America, represented by Hogan Lovells (Paris) LLP, France.

Respondent is Bart van Mourik, the Netherlands.

2. The Domain Name and Registrar

The disputed domain name [lnstagram.nl] (the “Domain Name”) is registered with SIDN through Hostnet B.V. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 21, 2021. On June 21, 2021, the Center transmitted by email to SIDN a request for registrar verification in connection with the Domain Name. On June 22, 2021, SIDN transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details. The Center verified that the Complaint satisfied the formal requirements of the Dispute Resolution Regulations for .nl Domain Names (the “Regulations”).

In accordance with the Regulations, articles 5.1 and 16.4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on July 6, 2021. In accordance with the Regulations, article 7.1, the due date for Response was July 26, 2021. On July 21, 2021, the Center received an email communication from Respondent.

On July 26, 2021 SIDN commenced the mediation process. On August 16, 2021, SIDN confirmed to the parties and the Center that the dispute had not been solved in the mediation process.

The Center appointed Remco M.R. van Leeuwen as the panelist in this matter on October 1, 2021. The Panel finds that it was properly constituted. The Panelist has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required to ensure compliance with the Regulations, article 9.2.

4. Factual Background

Complainant is a worldwide well-known online photo and video sharing social networking application. Complainant’s application currently has 500 million daily active users, with more than 95 million photos and videos shared per day.

In addition to its online presence, Complainant is the proprietor of various INSTAGRAM trademark registrations:

- the European Union word mark INSTAGRAM, registered on December 24, 2015, with registration number 14493886, for goods and services in classes: 25, 35, 38, 41, and 45; and

- the International word mark INSTAGRAM, with validity in the European Union, registered on March 15, 2012, with registration number 1129314, for goods and services in classes: 9 and 42

(the “Trademarks”).

The Domain Name was registered on July 27, 2016.

Complainant has submitted evidence that at the time the Complaint was filed the Domain Name was not resolving to an active webpage. The Panel observed the same when it accessed the website.

5. Parties’ Contentions

A. Complainant

Complainant states that since its application was launched on October 6, 2010, its exponential growth and explosive popularity has been widely reported in blogs and specialized technology publications in both...

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