Decisión del Panel Administrativo nº DES2009-0016 of Tribunal Arbitral de la OMPI, May 15, 2009 (case St. Ives Laboratories, Inc. v. Mundiformación, S.L.)
Judge: | Manuel Moreno-Torres |
Resolution Date: | May 15, 2009 |
Issuing Organization: | Tribunal Arbitral de la OMPI |
Decision: | Transfer |
Dominio: | España (.es) |
1. Las Partes
La Demandante es St. Ives Laboratories, Inc., con domicilio en Illinois, Estados Unidos de América, representada por Cuatrecasas Abogados, España.
La Demandada es Mundiformación, S.L. con domicilio en Madrid, España, representada por Juan Carlos Fernández, España.
2. El Nombre de Dominio y el Registrador
La demanda tiene como objeto el nombre de dominio [stives.es].
El registrador del citado nombre de dominio es ESNIC.
3. Iter Procedimental
La Demanda se presentó ante el Centro de Arbitraje y Mediación de la OMPI (el “Centro”) el 7 de abril de 2009. El 7 de abril de 2009, el Centro envió a ESNIC vía correo electrónico una solicitud de verificación registral en relación con el nombre de dominio en disputa. El 8 de abril de 2009, ESNIC envió al Centro, vía correo electrónico, su respuesta confirmando que el Demandado es la persona que figura como registrante, proporcionando a su vez los datos de contacto de los contactos administrativo, técnico y de facturación. El Centro verificó que la Demanda cumplía los requisitos formales del Reglamento del procedimiento de resolución extrajudicial de conflictos para nombres de dominio bajo el código de país correspondiente a España (“.ES”) (el Reglamento).
De conformidad con los artículos 7a) y 15a) del Reglamento, el Centro notificó formalmente la Demanda al Demandado, dando comienzo al procedimiento el 15 de abril de 2009. De conformidad con el artículo 16a) del Reglamento, el plazo para contestar la Demanda se fijó para el 5 de mayo de 2009. El Escrito de Contestación a la Demanda fué presentado ante el Centro el 30 de abril de 2009.
El Centro nombró a Manuel Moreno-Torres como Experto el día 11 de mayo de 2009, recibiendo la Declaración de Aceptación y de Imparcialidad e Independencia, en conformidad con el artículo 5 del Reglamento. El Experto considera que su nombramiento se ajusta a las normas del procedimiento.
4. Antecedentes de Hecho
La Demandante, St. Ives Laboratories, Inc., es una compañía estadounidense que desarrolla, fabrica y distribuye productos de cosmética, cuyo sitio web corporativo es: “www.stives.com”.
La Demandante es titular de una extensa cartera de marcas basadas en la denominación “St Ives”, a efectos de esta demanda destacamos:
Marca española denominativa ST IVES nº 2358985, registrada con efectos desde el 1 de julio de 2001 en la clase 3 del Nomenclátor Internacional.
Marca comunitaria denominativa ST IVES nº 149880, registrada con efectos desde el 1 de abril de 1996 en clase 3 y 5 del Nomenclátor Internacional.
Marca comunitaria mixta ST IVES SWISS FORMULA nº 3121449, registrada con efectos desde el 4 de abril de 2003 en clase 3 del Nomenclátor Internacional
Marca comunitaria mixta SWISS FORMULA ST IVES nº 3518371, registrada con efectos desde el 30 de octubre de 2003 en clase 3 y 5 del Nomenclátor Internacional.
El...
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