Decisión del Panel Administrativo nº D2019-0026 of WIPO Arbitration and Mediation Center, April 03, 2019 (case Maxym Polyakov v. Bogdan Nechiporenko, Makc Belevskiy)

• Resolution Date: April 03, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer, denied in part
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Maxym Polyakov v. Bogdan Nechiporenko, Makc Belevskiy

Case No. D2019-0026

1. The Parties

The Complainant is Maxym Polyakov of Menlo Park, California, United States of America (“United States”), represented by Mapa Trademarks, Spain.

The Respondents are Bogdan Nechiporenko of Kiev, Ukraine and Makc Belevskiy of Zaporozhye, Ukraine.

2. The Domain Names and Registrars

The disputed domain name [max-polyakov.host] is registered with NameCheap, Inc. (“NameCheap”), and the disputed domain name [max-polyakov.xyz] is registered with Eranet International Limited (“Eranet”), and NameCheap and Eranet are jointly referred to as the “Registrars”.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 4, 2019. On January 4, 2019, the Center transmitted by email to the Registrars a request for registrar verification in connection with the disputed domain names. On January 4 and 8, 2019, the Registrars transmitted by email to the Center their verification responses confirming that the Respondents are listed as the registrants and providing the contact details. In response to a request for amendment by the Center, the Complainant filed an amended Complaint to the Complaint on January 18, 2019.

The Center verified that the Complaint together with the amended 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 Respondents of the Complaint, and the proceedings commenced on January 21, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 10, 2019. The Respondents did not submit any response. Accordingly, the Center notified the Respondents’ default on February 11, 2019.

The Center appointed Assen Alexiev as the sole panelist in this matter on February 20, 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 Maxym Polyakov is the founder of the companies Noosphere Ventures Inc. and Eos Data Analytics Inc.

The Complainant is the owner of European Union trademark MAX POLYAKOV with registration No. 017135187, filed on August 22, 2017 and registered on December 18, 2017 for services in International Classes 35 and 42.

The disputed domain name [max-polyakov.xyz] was registered on March 26, 2017, and the disputed domain name [max-polyakov.host] was registered on June 4, 2018. The website at the disputed domain name [max-polyakov.xyz] is entitled “THE UNOFFICIAL MAXIM POLYAKOV FAN SITE”, and contains strong criticism against the Complainant. The website at the disputed domain name [max-polyakov.host] appears to be identical or very similar in design and content.

This is not the first proceeding under the Policy in respect of the disputed domain name [max-polyakov.xyz]. On January 24, 2018, the Complainant filed a complaint with the Center in respect of this disputed domain name. With a decision dated March 27, 2018, in Maxym Polyakov v. zhuhaiyingxunkejiyouxiangongsi / Nechiporenko Bogdan, Bogdan Nechiporenko,[WIPO Case No. D2018-0147] (the “[WIPO Case No. D2018-0147]”), that complaint was denied.

5. Parties’ Contentions

A. Complainant

The Complainant describes itself as a well-known and respected businessman and philanthropist, interested in promoting science and technology on a global scale, and acknowledged as Companion of Honour by the Fédération Aéronautique Internationale at their 111th General Conference held in Lausanne, Switzerland in 2018.

The Complainant submits that it has been trading under the business name MAX POLYAKOV for many years. Under this business name, the Complainant has founded the companies Eos Data Analytics Inc. and Noosphere Ventures Inc., among others. On this basis, the Complainant submits that it has common law rights in the MAX POLYAKOV trademark.

The Complainant states that in late 2018 a Ukrainian court has...