Decisión del Panel Administrativo nº D2019-0109 of WIPO Arbitration and Mediation Center, March 13, 2019 (case Instagram, LLC v. Temp name Temp Last Name, Temp Organization)

Resolution DateMarch 13, 2019
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Instagram, LLC v. Temp name Temp Last Name, Temp Organization

Case No. D2019-0109

1. The Parties

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

The Respondent is Temp name Temp Last Name, Temp Organization of Turkey.

2. The Domain Name and Registrar

The disputed domain name [lnstagramsecuritycenter.com] is registered with Nics Telekomunikasyon A.S. (the “Registrar”).

3. Procedural History

The Complaint in English was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 18, 2019. On January 18, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 20, 2019, 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.

Pursuant to the Complaint submitted in English and the registrar verification dated January 20, 2019 stating that Turkish is the language of the registration agreement of the disputed domain name, on January 21, 2019, the Center sent a request in English and Turkish that the Parties submit their comments on the language of the proceeding. On January 21, 2019, the Complainant submitted its request for English to be the language of the proceeding. The Respondent did not submit any request regarding the language of the proceeding.

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 January 28, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 17, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 18, 2019.

The Center appointed Selma Ünlü as the sole panelist in this matter on February 27, 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 in this administrative proceeding, Instagram, LLC is a world famous online photo and video sharing application which can be used on both iOS and Android operating system. The online photo and video sharing application was named as “Instagram” since its first launch on October 6, 2010 and since then the mobile application has 1 billion active users monthly, 500 million daily active users and 95 million photos and/or videos shared daily through the mobile application. Moreover, the mobile application has 37 million active users in 2018 in Turkey where the Respondent is resident. The mobile application of the Complainant also keeps growing.

The Complainant’s website available at “www.instagram.com” is ranked 16th most visited website in the world according to web information company Alexa. The Complainant is currently the 11th most downloaded app for IOS phones in Turkey according to applications information company App Annie.

The Complainant owns the registered INSTAGRAM trademarks around the world. Prior UDRP panels have recognized the strength and renown of the Complainant’s INSTAGRAM trademark and ordered the transfer of disputed domain names to the Complainant. (e.g., Instagram, LLC v. Saddam Hussain,[WIPO Case No. D2018-0078]).

The term “Instagram” is highly distinctive and is exclusively associated with the Complainant.

As the Panel examined the registrations of the Complainant, it has been noted that the Complainant has several trademark registrations for INSTAGRAM before...

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