Decisión del Panel Administrativo nº DSO2018-0002 of Tribunal Arbitral de la OMPI, February 11, 2019 (case Instagram, LLC v. Vitelli Chris)

Defense:Vitelli Chris
Resolution Date:February 11, 2019
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Transfer
Dominio:Somalia (.so)
SUMMARY

[instagram.com.so]

 
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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Instagram, LLC v. Vitelli Chris

Case No. DSO2018-0002

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 Vitelli Chris of Brooklyn, New York, United States.

2. The Domain Name and Registrar

The disputed domain name [instagram.com.so] (“Domain Name”) is registered with EuroDNS S.A. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 18, 2018. On December 18, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On December 19, 2018, 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.

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 3, 2019. In accordance with the Rules, paragraph 5, the due date for Response was January 23, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 24, 2019.

The Center appointed Ellen B Shankman as the sole panelist in this matter on January 30, 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 an online photo- and video-sharing social networking application. The Complainant owns numerous trademark registrations for INSTAGRAM in multiple jurisdictions including:

United States Trademark Registration No. 4146057, INSTAGRAM, registered on May 22, 2012 (first use in commerce June 10, 2010); and

International Registration No. 1129314, INSTAGRAM, registered on March 15, 2012, designating Australia, the European Union, Israel, Japan, Norway, the Republic of Korea, Singapore, Switzerland, and Turkey.

The date of the Domain Name registration was confirmed by the Registrar to be December 20, 2017.

The Panel also conducted an independent search to determine that the Domain Name is currently active, and appears to be a parking page.

5. Parties’ Contentions

A. Complainant

The Complaint alleges the following:

The Complainant, Instagram LLC is the world-renowned online photo- and video-sharing social networking application. Since it was launched on October 6, 2010, Instagram LLC rapidly developed considerable goodwill and renown worldwide, with 100,000 users in only one week, 500,000 users in less than a month, 1...

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