Decisión del Panel Administrativo nº D2019-2371 of WIPO Arbitration and Mediation Center, November 28, 2019 (case Marlink SA v. Obabko Nikolay Vladimirovich)

• Resolution Date: November 28, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Marlink SA v. Obabko Nikolay Vladimirovich

Case No. D2019-2371

1. The Parties

The Complainant is Marlink SA, Belgium, represented by Inlex IP Expertise, France.

The Respondent is Obabko Nikolay Vladimirovich, Ukraine.

2. The Domain Name and Registrar

The disputed domain name [wmarlink.top] is registered with PDR Ltd. d/b/a PublicDomainRegistry.com (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 30, 2019. On September 30, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 1, 2019, 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 October 10, 2019. In accordance with the Rules, paragraph 5, the due date for Response was October 30, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 31, 2019.

The Center appointed Knud Wallberg as the sole panelist in this matter on November 15, 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 global satellite communication provider primarily focused on offering satellite connectivity and cybersecurity solutions in the maritime industry.

The Complainant is the owner of a large number of trademark registrations for the MARLINK word and device marks across multiple jurisdictions, including, inter alia European Union Trade Mark MARLINK, registration No. 015333487, registered on October 4, 2016 in class 38, claiming seniority from the German trade mark No...