Decisión del Panel Administrativo nº D2019-0204 of WIPO Arbitration and Mediation Center, March 12, 2019 (case LEGO Juris A/S v. WhoisGuard, Inc. / Dary Webber)

• Resolution Date: March 12, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

LEGO Juris A/S v. WhoisGuard, Inc. / Dary Webber

Case No. D2019-0204

1. The Parties

The Complainant is LEGO Juris A/S of Billund, Denmark, represented by CSC Digital Brand Services AB, Sweden.

The Respondent is WhoisGuard, Inc. of Panama City, Panama / Dary Webber of Tangerang, Banten, Indonesia.

2. The Domain Name and Registrar

The disputed domain name [legos.website] is registered with NameCheap, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 28, 2019. On January 28, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 28, 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 January 29, 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 January 30, 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 January 31, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 20, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 21, 2019.

The Center appointed Tobias Malte Müller as the sole panelist in this matter on February 26, 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, based in Denmark, is the owner of the LEGO trademark used in connection with the LEGO construction toys and other LEGO branded products.

The Complainant is the registered owner of numerous registered trademarks worldwide consisting of the verbal element “LEGO”, amongst which are Indonesian trademark registrations No. IDM000208750 (registered on June 26, 2009, for goods in class 28) and No. IDM000297111 (registered on March 10, 2011, for goods in class 28).

According to the Registrar’s verification response, the Respondent registered the disputed domain name on September 27, 2018. The language of the registration agreement is English.

It is noted that the disputed domain name resolves to a website...