Decisión del Panel Administrativo nº D2018-2931 of Tribunal Arbitral de la OMPI, February 11, 2019 (case Kohler Co. v. Protection of Private Person / Timur Habirov)
|Defense:||Protection of Private Person / Timur Habirov|
|Resolution Date:||February 11, 2019|
|Issuing Organization:||Tribunal Arbitral de la OMPI|
The Complainant is Kohler Co. of Kohler, Wisconsin, United States of America (“United States”), represented by Winston & Strawn LLP, United States.
The Respondent is Protection of Private Person of Moscow, Russian Federation / Timur Habirov of Sterlitamak, Russian Federation.
The disputed domain name [kohler-sdmo-power.com] is registered with Registrar of Domain Names REG.RU LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 21, 2018. On December 24, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 25, 2018, 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 December 27, 2018 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. On the same date the Center sent an email in English and Russian regarding the language of the proceedings. The Complainant filed an amended Complaint on December 28, 2018 and requested English to be the language of the proceedings. The Respondent did not reply on the language of the proceedings.
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 January 4, 2019. In accordance with the Rules, paragraph 5, the due date for Response was January 24, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 25, 2019.
The Center appointed Taras Kyslyy 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.
The Complainant is the United States company founded in 1873 and using trademarks KOHLER and SDMO since 1920 and 1966 respectively for engines and power supply. The Complainant operates via a global distribution network. The Complainant owns KOHLER trademark...
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