Decisión del Panel Administrativo nº DIO2021-0020 of WIPO Arbitration and Mediation Center, November 15, 2021 (case Libra Association d/b/a Diem Association v. REDACTED FOR PRIVACY, Privacy service provided by Withheld for Privacy ehf / Liam Price)

Resolution DateNovember 15, 2021
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioTerritorio Británico del Océano Índico (.io)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Libra Association d/b/a Diem Association v. REDACTED FOR PRIVACY, Privacy service provided by Withheld for Privacy ehf / Liam Price

Case No. DIO2021-0020

1. The Parties

The Complainant is Libra Association d/b/a Diem Association, Switzerland, represented by Fenwick & West, LLP, United States of America (“United States”).

The Respondent is REDACTED FOR PRIVACY, Privacy service provided by Withheld for Privacy ehf, Iceland / Liam Price, United States.

2. The Domain Name and Registrar

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

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 25, 2021. On August 26, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 26, 2021, 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 September 3, 2021 providing the registrant and contact information disclosed by the Registrar, and requesting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on September 7, 2021. The Respondent sent an informal communication to the Center on August 28, 2021.

The Center verified that the Complaint, together with the amended Complaint, satisfied the formal requirements of the .IO Domain Name Dispute Resolution Policy (the “Policy”), the Rules for .IO Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for .IO 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 September 8, 2021. In accordance with the Rules, paragraph 5, the due date for Response was September 28, 2021. The Center informed that Parties that would proceed with Panel appointment on October 25, 2021.

The Center appointed Antony Gold as the sole panelist in this matter on November 1, 2021. 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 membership association comprising a range of businesses and nonprofit organizations. Its stated aim is to build a global payment system built on blockchain technology and a cryptocurrency backed by a reserve of assets. This initiative was originally branded as LIBRA and plans for the LIBRA payment system and cryptocurrency were announced in or around June 2019. On December 1, 2020, the Complainant announced that it was changing the names of its system and cryptocurrency from LIBRA to DIEM. The announcement of the rebrand received significant media attention.

The Complainant owns trade mark registrations for both DIEM and LIBRA, including, by way of example;

- Norwegian Trade Mark, registration number 308979, for LIBRA in classes 9, 35, 36, 38, 42 and 45, registered on March 20, 2020;

- Benelux Trade Mark, registration number 1430575, for DIEM, in classes 9, 35, 36, 42 and 45, registered on July 24, 2021.

The Complainant also owns many domain names which include its DIEM trade mark.

The disputed domain name was registered on December 2, 2020. As showed in the Web archive pages attached to the Complaint, on February 6, 2021, the website to which the disputed domain name resolved was headed “diem”. A notice at the top of the home page stated; “Libra coin now called Diem coin” and an article underneath was headed “Libra association backed by Facebook rebranded as Diem”. Amongst other information on the home page was a separate section headed “The Diem Association” which was described as “An independent membership organization". Another section of the home page began; “Diem. A new name for a new day, when it’s easy, secure and affordable to send money anywhere. Together we’re building a trusted, innovative financial network for people and businesses around the world”. Another section purported to explain “How to earn free Diem coin”.

As at August...

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