Decisión del Panel Administrativo nº D2020-2214 of Tribunal Arbitral de la OMPI, October 14, 2020 (case Match Group, LLC v. Thomas Ticky)
|Resolution Date:||October 14, 2020|
|Issuing Organization:||Tribunal Arbitral de la OMPI|
The Complainant is Match Group, LLC, United States of America, represented internally.
The Respondent is Thomas Ticky, Turkey.
The disputed domain name [tinderstalk.com] is registered with Nics Telekomunikasyon A.S. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 21, 2020. On August 24, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 29, 2020, 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 Registrar also indicated that the language of the Registration Agreement was Turkish. The Center sent an email communication in English and Turkish, to the Complainant on August 31, 2020, inviting the Complainant to provide sufficient evidence of an agreement between the Parties for English to be the language of the proceeding, a Complaint translated into Turkish, or a request for English to be the language of the proceeding. The Complainant filed a request for English to be the language of the proceeding on September 3, 2020. The Respondent did not comment on the language of the proceeding.
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, in Turkish and in English, of the Complaint, and the proceedings commenced on September 8, 2020. In accordance with the Rules, paragraph 5, the due date for Response was September 28, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 29, 2020.
The Center appointed Kaya Köklü as the sole panelist in this matter on October 5, 2020. 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 a legal entity with its registered seat in the United States of America. It provides internationally known and popular online dating and matchmaking services.
The Complainant is the owner of the trademark TINDER, which is...
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