Decisión del Panel Administrativo nº D2002-0473 of Tribunal Arbitral de la OMPI, July 25, 2002 (case Jafer Limited vs. Mrs. Georgina Carranza)

Judge:Edward C. Chiasson, Q.C.
Defense:Mrs. Georgina Carranza
Resolution Date:July 25, 2002
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Complaint denied
Dominio:Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Jafer Limited v. Mrs. Georgina Carranza

Case No. D2002-0473

  1. The Parties

    The Complainant in this administrative proceeding is Jafer Limited, a corporation organized and existing under the laws of Bermuda. The Respondent in this administrative proceeding is Mrs. Georgina Carranza , who is domiciled in Mexico.

  2. The Domain Name and Registrar

    The disputed domain name is . The Registrar of the domain name is Network Solutions, Inc.

  3. Procedural History

    This is a mandatory administrative proceeding submitted for decision in accordance with the Uniform Domain Name Dispute Resolution Policy, adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on August 26, 1999 ("the Policy"), the Rules for Uniform Domain Name Dispute Resolution Policy, approved by ICANN on October 24, 1999 ("the Rules"), and the World Intellectual Property Organization ("WIPO") Supplemental Rules for Uniform Domain Name Dispute Resolution Policy ("the Supplemental Rules").

    By registering the subject domain name with the Registrar, the Respondent agreed to the resolution of disputes pursuant to the Policy and Rules.

    The Complainant filed its Complaint with the World Intellectual Property Organization Arbitration and Mediation Center ("the Center") on May 17, 2002, by email and on May 28, 2002, by hardcopy. The Complainant filed an Amended Complaint with the Center on May 28, 2002, by email and on May 31, 2002, by hardcopy. On May 31, 2002, having verified that the Complaint satisfied the formal requirements of the Policy and the Rules, the Center formally commenced this proceeding. The Respondent filed its Response with the Center on June 26, 2002, by email.

    The Administrative Panel consisting of a single member was appointed on July 11, 2002, by the Center.

    Neither party asked to deliver additional material and the Administrative Panel is content to proceed with the material that was filed.

    An examination of this material confirms that all technical requirements for the prosecution of this proceeding were met.

  4. Factual Background

    Complainantøs factual assertions

    The Complainant is the owner of more than 250 trademark registrations incorporating the word "Yanbal" in Mexico and other countries such as Argentina, Brazil, Bolivia, Colombia, Chile, Costa Rica, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Korea, Nicaragua, Panama, Paraguay, Peru, Puerto Rico, Spain and the United States of America.

    The Complaint is based basically on trademarks YANBAL, Mexican No. 371406 and YANBAL and design, registration No. 542720. The first registration covers cosmetics and perfumery products, and the second covers all the goods of International class 3.

    The Complainant has used its trademarks "Yanbal" in Mexico for over ten years in connection with cosmetics, perfumery products, essential oils, hair lotions, soaps and other goods classified in class 3 of the International classification of goods and services, consequently, this trademark has become well known.

    Yanmex, S.A. de C.V. is a Mexican subsidiary of the Complainant.

    The Complainant became aware that the Respondent, an ex-Yanmexøs salesgirl, was offering its products in Aguascalientes, Mexico and had registered the subject domain name on December 17, 1998. At that time she was a representative of Yanmex. She obtained the registration "as a domain name" of the trademark of the company, alleging that this it would allow her to sell more of the Complainantøs products through the Internet.

    In view of the foregoing, the Complainant immediately decided to end its relationship with the Respondent.

    The Complainant, through its subsidiary Yanmex, contacted the Respondent and requested that the subject domain name be assigned to the Complainant immediately.

    The Respondent answered the request by email dated January 29, 1999, stating:

    "øin order to be able to carry out the assignment of the domain name Yanbal.com, it will be necessary that you deposit in my bank account the amount of $25,000.00 U.S. Cy. (twenty five thousand U.S. dollars) in my check account in the Bital Bank located in Aguascalientes, Aguascalientes, Mexico. In order to proceed with the deposit you should make it as follows; BIMEN-MX-MXXXX to the account No. 04013314760 and once I have said deposit in my account, I will proceed to assign the domain name "Yanbal.com"."

    The Complainant refused the Respondentøs offer and filed with the Mexican Institute of Industrial Property (MIIP) an administrative infringement action against the Respondent for the...

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