Decisión del Panel Administrativo nº D2019-1143 of WIPO Arbitration and Mediation Center, July 07, 2019 (case Jcdecaux SA v. Whois Privacy Protection Foundation / Anderson Paul)

• Resolution Date: July 07, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Jcdecaux SA v. Whois Privacy Protection Foundation / Anderson Paul

Case No. D2019-1143

1. The Parties

The Complainant is Jcdecaux SA, France, represented by Nameshield, France.

The Respondent is Whois Privacy Protection Foundation, Netherlands / Anderson Paul, United Kingdom.

2. The Domain Name and Registrar

The disputed domain name [usa-jcdecaux.com] is registered with Hosting Concepts B.V. d/b/a Openprovider (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 17, 2019. On May 17, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 20, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on May 22, 2019 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on May 22, 2019.

The Center verified that the Complaint together with the amended 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 May 24, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 13, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on June 14, 2019.

The Center appointed Tobias Malte Müller as the sole panelist in this matter on June 21, 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 a multinational outdoor advertising company with its headquarters in Paris. It results from the evidence provided by the Complainant that the latter owns multiple trademark registrations incorporating its JCDECAUX trademark, including International Registration No. 803987 registered November 27, 2001 for a wide range of goods and services in classes 06, 09, 11, 19, 20, 35, 37, 38, 39, 41 and 42.

The registrar disclosed in its verification response that the disputed domain name [usa-jcdecaux.com] was registered on May 15, 2019. Finally, it results from the Complainant’s documented allegations that the disputed domain name does not resolve to an active website, but was used for sending fraudulent emails.

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