Decisión del Panel Administrativo nº D2013-0633 of WIPO Arbitration and Mediation Center, June 14, 2013 (case Iweb Group Inc. v. iWeb Technology Solutions Pvt. Ltd.)

Resolution DateJune 14, 2013
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionComplaint denied
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Iweb Group Inc. v. iWeb Technology Solutions Pvt. Ltd.

Case No. D2013-0633

1. The Parties

The Complainant is Iweb Group Inc. of Montreal, Canada, represented by Brouillette & Partners LLP, Canada.

The Respondent is iWeb Technology Solutions Pvt. Ltd. of Mumbai, Maharashtra, India, internally represented.

2. The Domain Name and Registrar

The disputed domain name [iwebtechno.com] is registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 5, 2013. On April 8, 2013, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 8, 2013, 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced April 11, 2013. In accordance with the Rules, paragraph 5(a), the due date for Response May 1, 2013. The Response was filed with the Center April 25, 2013.

The Center appointed Luca Barbero, J. Nelson Landry and Ashwinie Kumar Bansal as panelists in this matter on May 30, 2013. The Panel finds that it was properly constituted. Each member of 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 has submitted evidence of ownership of the following trademark registrations consisting of, or including, IWEB:

- the United States of America trademark registration No. 3235840 for IWEB (word), filed on November 19, 2004, with first use date of July 7, 2001, and the Canadian trademark registration No. TMA577594 for IWEB (word), filed on October 16, 2000, with first use date of November 13, 1998, both registered in relation to “Internet related services, namely, hosting the websites of others on a computer server for a global computer network, dedicated server services, managed hosting services, server co-location application hosting, registration of domain names for identification of users on a global computer network; providing customized on-line web pages featuring user-defined information, which includes search engines and on-line web links to other sites”;

- the United States trademark serial no. No. 85317185 for IWEB (word and design), filed on May 10, 2011, in International classes 9 and 42;

- the Canadian trademark registration No. TMA590489 for IWEB TECHNOLOGIES (word and design), filed on January 12, 2001, with first use date of November 1, 1998, for “Internet related services, namely, hosting the websites of others on a computer server for a global computer network, dedicated server services, managed hosting services, server co-location application hosting, registration of domain names for identification of users on a global computer network; providing customized on-line web pages featuring user-defined information, which includes search engines and on-line web links to other sites”;

- the Community trademark No. 011443934 for IWEB (word and design), filed on December 20, 2012, in classes 9 and 42;

- the Japanese trademark application No. 2012-097835 for IWEB (word and design), filed on December 3, 2012, in classes 35 and 42.

The trademark IWEB was first used by the Complainant’s wholly owned subsidiary, Le Groupe iWeb Technologies Inc. in Canada, as early as November, 1998, and in the United States, as early as July 7, 2001, as it appears from the Affidavit of the Complainant’s President attached to the Complainant.

The Complainant and its subsidiary Le Groupe iWeb Technologies Inc. are the owners of several domain names consisting in, or including, IWEB trademark, such as [iweb.ca], [groupeiweb.com], [iwebtechnologiesgroup.com], and [iweb-technologies.com].

The disputed domain name [iwebtechno.com] was registered by the Respondent on February 24, 2005.

The Complainant’s attorneys on November 28, 2012, sent to the Respondent a cease and desist letter requesting the Respondent to stop using and transfer to the Complainant the disputed domain name.

5. Parties’ Contentions

A. Complainant

The Complainant states that its trademark IWEB has been widely used by the Complainant and its subsidiary and that it has invested considerable time, money and effort in promoting the trademark and the products and services associated to it.

The Complainant informs the Panel that, as a consequence of the Complainant’s marketing efforts and its success in the industry, the IWEB trademark appeared on several websites (among others: “www.tophosts.c”a, “www.hostsearch.com”, “www.findmyhost.com”, “www.dedicated-servers-seek.com”, “www.hostingcatalog.com”, “www.webhostdir.com”, “www.webhostingmall.com”, “www.webhostingstuff.com”, “www.thewhir.com”) and on Netcraft Ranking, Web Hosting Magazine Editor’s Choice and Search results on WebHostingTalk. In addition, the Complainant underlines that its press releases are published on several sites, including Yahoo!, OpenPress, StockHouse...

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