Decisión del Panel Administrativo nº DEU2018-0032 of WIPO Arbitration and Mediation Center, February 28, 2019 (case Marielle Global Limited and Addison Global Limited v. Roberto Calo)

Resolution DateFebruary 28, 2019
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioCountry domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Marielle Global Limited and Addison Global Limited v. Roberto Calo

Case No. DEU2018-0032

1. The Parties

The Complainants are Marielle Global Limited of Road Town, British Virgin Islands and Addison Global Limited of Gibraltar, represented by Wiggin LLP, United Kingdom.

The Respondent is Roberto Calo of Sotogrande, Spain, represented by De Felipe Abogados, Spain.

2. The Domain Name, Registry and Registrar

The Registry of the disputed domain name [moplay.eu] (the “Domain Name”) is the European Registry for Internet Domains (“EURid” or the “Registry”). The Registrar of the disputed domain name is GoDaddy.com, LLC.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 7, 2018. On December 10, 2018, the Center transmitted by email to the Registry a request for registrar verification in connection with the Domain Name. On December 12, 2018, the Registry 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 .eu Alternative Dispute Resolution Rules (the “ADR Rules”) and the World Intellectual Property Organization Supplemental Rules for .eu Alternative Dispute Resolution Rules (the “Supplemental Rules”).

In accordance with the ADR Rules, Paragraph B(2), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on December 18, 2018. In accordance with the ADR Rules, Paragraph B(3)(a), the due date for Response was February 1, 2019. The Center received an email communication from the Respondent on December 18, 2018. The Response was filed with the Center on February 1, 2019.

The Center verified that the Response satisfied the formal requirements of the ADR Rules and the Supplemental Rules.

The Center appointed Carolina Pina-Sánchez as the sole panelist in this matter on February 6, 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 ADR Rules, Paragraph B(5).

On February 20, 2019, the Complainants filed additional unsolicited documentation with the Center. In accordance with Paragraph B(8) of the ADR Rules, the Panel decided not to admit the new documentation after finding that it did not affect the Panel’s findings in the present case.

4. Factual Background

In accordance with the information provided in this proceeding, Addison Global Limited operates a gambling and betting website under the trademark MOPLAY.

Marielle Global Limited owns several trademarks that protect the denomination “moplay”, as evidenced in Annex 5 of the Complaint, those trademarks include: (i) European Union Trade Mark registration No. 016981961 for services in class 41, granted on November 6, 2017; (ii) European Union Trade Mark registration No. 17633331 for services in class 41, registered on May 4, 2018; (iii) European Union Trade Mark registration No. 017633363 registered on May 4, 2018 for services in class 41 and; (iv) European Union Trade Mark Registration for MOPLAY THE BETTING APP No. 017633413 for services in class 41, registered on May 4, 2018, all of which are currently in force and licensed to Addison Global Limited as indicated by the Complainants (hereinafter jointly, the “MOPLAY Trademarks”).

The Domain Name was registered on February 15, 2018, as evidenced by the Complainants (vid. Annex 1 of the Complaint).

The Domain Name resolves to a parking page with the Registrar displaying pay-per-click links.

5. Parties’ Contentions

A. Complainant

In their Complaint, the Complainants argue that the registration of the Domain Name by the Respondent is of a speculative nature for the following reasons:

  1. The Domain Name is identical to the MOPLAY Trademarks.

    The Complainants are the owners/licensees of the MOPLAY Trademarks and use domain names containing the term “moplay” (vid. Annex 4 of the Complaint).

    The Respondent identifies its services as a website...

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