Decisión del Panel Administrativo nº D2018-0932 of WIPO Arbitration and Mediation Center, June 12, 2018 (case M. Sport Limited v. John Angove, Transporterland.com Ltd)
| Resolution Date | June 12, 2018 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is M. Sport Limited of Manchester, United Kingdom of Great Britain and Northern Ireland, represented by Moore Commercial Law Limited, United Kingdom of Great Britain and Northern Ireland.
The Respondent is John Angove, Transporterland.com Ltd of Lydney, United Kingdom of Great Britain and Northern Ireland.
The disputed domain names [ms-rt.com] and [ms-rt.net] are registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 26, 2018. On April 27, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain names. On April 30, 2018, the Registrar 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on May 2, 2018. In accordance with the Rules, paragraph 5, the due date for Response was May 22, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on May 23, 2018.
The Center appointed Antony Gold as the sole panelist in this matter on May 29, 2018. 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 an international motor vehicle and rally team. It has been successful in a number of sporting events. In late 2016 or January 2017, the MS-RT brand was launched by the Complainant in order to use its motorsport heritage in connection with the customization of road-going domestic and commercial vehicles. Since early 2017, the Complainant’s rally cars have been used to advertise the MS-RT brand to television audiences for international rally events. In particular, the MS-RT branding was displayed on the vehicle of the Complainant, which won the well-known Monte Carlo Rally, in January 2017. This event was viewed by a television audience estimated by the operators of the World Rally Championship to comprise about 850 million viewers. The Complainant also hosted an MS-RT-branded trade stand at the “Autosport Show”, held at the National Exhibition Centre in Birmingham, United Kingdom of Great Britain and Northern Ireland, in January 2017
The Complainant has licensed a third party, Edward Davies Commercials Limited, to sell vehicles under the MS-RT brand. The licensee promotes the brand through a website at “www.ms-rt.co.uk”, which is linked to the Complainant’s website at “www.m-sport.co.uk”. The Complainant is the registrant of the [ms-rt.co.uk] domain name.
The Complainant is also the owner of a European Union Trade Mark number 016624546 for MS-RT (a figurative mark) registered in class 12 for various goods relating to automobiles and other vehicles. This was applied for on April 20, 2017 and granted on September 5, 2017.
According to the Complainant, the Respondent’s business comprises the customization of automobiles for its customers. The WhoIs records show that [ms-rt.com] (“the first disputed domain name”) was first registered on June 4, 2015. However, according to the Registrar the first disputed domain name was registered to the Respondent on July 18, 2017 and according to the Complainant on March 8, 2018 the WhoIs record was updated to show the Respondent as the registrant. The second disputed...
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