Decisión del Panel Administrativo nº DAE2019-0001 of WIPO Arbitration and Mediation Center, March 04, 2019 (case Al Marjan Island LLC v. Ashraf Khan)

• Resolution Date: March 04, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Emiratos Árabes Unidos (.ae)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Al Marjan Island LLC v. Ashraf Khan

Case No. DAE2019-0001

1. The Parties

The Complainant is Al Marjan Island LLC of Dubai, United Arab Emirates, represented by Al Tamimi & Co., United Arab Emirates.

The Respondent is Ashraf Khan of Dubai, United Arab Emirates.

2. The Domain Name and Registrar

The disputed domain name [marjan.ae] is registered with AE Domain Administration (.aeDA).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 17, 2019. On January 18, 2019, the Center transmitted by email to AE Domain Administration (.aeDA) a request for registrar verification in connection with the disputed domain name. On January 20, 2019, AE Domain Administration (.aeDA) 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 UAE Domain Name Dispute Resolution Policy for – UAE DRP approved by .aeDA (the “Policy”), the Rules for UAE Domain Name Dispute Resolution Policy – UAE DRP (the “Rules”), and the Supplemental Rules for UAE Domain Name Dispute Resolution Policy – UAE DRP (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 January 23, 2019. In accordance with the Rules, paragraph 5(a), the due date for Response was February 12, 2019. On January 29, 2019, the Center received an informal communication from the Respondent. The Respondent did not submit a formal Response. Accordingly, the Center informed the Parties of the commencement of the Panel appointment process on February 13, 2019.

The Center appointed Nayiri Boghossian as the panelist in this matter on February 22, 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 is a real estate developer located in the United Arab Emirates. The Complainant owns the trademark registration nos. 297005 and 297006 for the trademark MARJAN registered on November 22, 2018 in the United Arab Emirates.

The Respondent registered the...