Decisión del Panel Administrativo nº D2012-0228 of WIPO Arbitration and Mediation Center, June 08, 2012 (case LEGO Juris A/S v. Telkom, Tjahjo Adiprabowo)
| Resolution Date | June 08, 2012 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is LEGO Juris A/S of Billund, Denmark, represented by Melbourne IT Digital Brand Services, Sweden.
The Respondent is Telkom, Tjahjo Adiprabowo of Bandung, West Java, Indonesia.
The disputed domain name [legopyramid.com] is registered with eNom, Inc.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 8, 2012. On February 8, 2012, the Center transmitted by email to eNom, Inc. a request for registrar verification in connection with the disputed domain name. On February 8, 2012, eNom, Inc. 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 on February 14, 2012. On February 22, 2012, the Center received an email communication from the Respondent. The Complainant filed a request for suspension of the proceedings on February 23, 2012. On February 24, 2012, the Center confirmed that the proceedings would be suspended until March 23, 2012. Upon requests of the Complainant of March 20, April 24, and May 3, 2012, the proceedings were suspended further until May 10, 2012. Upon request of the Complainant of May 10, 2012, the proceedings were subsequently reinstituted on May 10, 2012. The due date for Response was thereafter extended to May 20, 2012. The Respondent did not submit any formal response. Accordingly, the Center notified the Respondent’s default on May 21, 2012.
The Center appointed Hariram Jayaram as the sole panelist in this matter on May 25, 2012. 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, LEGO Juris A/S, is the owner of the LEGO trade mark and all other trade marks used in connection with the LEGO brand of construction toys and other LEGO branded products.
The disputed domain name was registered on February 4, 2011.
The Complainant, based in Denmark is the owner of the LEGO trade mark and all other trade marks used in connection with the famous LEGO brands of construction toys and other LEGO branded products. The Complainant’s licensees are authorized to exploit the Complainant’s intellectual property rights, including its trade mark rights, in the United States of America and elsewhere. The Complainant and its licensees (collectively “the LEGO Group of Companies” or “the LEGO Group”), through their predecessors, commenced use of the LEGO mark in the United States during 1953, to identify construction toys made and sold by them. Over the years, the business of making and selling LEGO branded toys has grown remarkably. The revenue for the LEGO Group in 2009, was more than USD 2,8 billion. Its global market share rose from 4.8% at the close of 2009 to approximately 5.9% at end 2010. The Complainant has subsidiaries and branches throughout the world, and the LEGO products are sold in more than 130 countries, including in the United States. The Complainant is also the owner of more than 2,400 domain names containing the term “lego”. It is the strict policy of the Complainant that all domain names containing the word “lego” should be owned by the Complainant. The trade mark...
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