Decisión del Panel Administrativo nº D2019-2548 of Tribunal Arbitral de la OMPI, December 02, 2019 (case Instagram, LLC v. Can Guguk)

Defense:Can Guguk
Resolution Date:December 02, 2019
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Transfer
Dominio:Generic Domains
SUMMARY

[instagram.homes] [instagram.moi]

 
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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Instagram, LLC v. Can Guguk

Case No. D2019-2548

1. The Parties

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

The Respondent is Can Guguk, Turkey.

2. The Domain Names and Registrars

The disputed domain name [instagram.homes] is registered with Dominion Domains, LLC (the “Registrar”).

The disputed domain name [instagram.moi] is registered with EnCirca, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 16, 2019. On October 17, 2019, the Center transmitted by email to the Registrars a request for registrar verification in connection with the disputed domain names. On October 17, 2019 and October 21, 2019, the Registrars transmitted by email to the Center their verification responses 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 October 24, 2019. In accordance with the Rules, paragraph 5, the due date for Response was November 13, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 14, 2019.

The Center appointed Kaya Köklü as the sole panelist in this matter on November 18, 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.

4. Factual Background

The Complainant is a United States based company, which provides online photo and video sharing services. These services are provided through its online platform, which primarily consists of a mobile application and a website. Users of the Complainant’s services can upload, edit and share images and videos and are able to follow shared content by other users. Based on uncontested information provided in the case record, the...

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