Decisión del Panel Administrativo nº DMD2020-0001 of WIPO Arbitration and Mediation Center, August 20, 2020 (case MC Projects B.V. Maastricht, Succursale de Granges-Paccot v. Liutcanova Elena)

• Resolution Date: August 20, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Moldavia (.md)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

MC Projects B.V. Maastricht, Succursale de Granges-Paccot v. Liutcanova Elena

Case No. DMD2020-0001

1. The Parties

The Complainant is MC Projects B.V. Maastricht, Succursale de Granges-Paccot, Switzerland, represented by Dreyfus & associés, France.

The Respondent is Liutcanova Elena, Republic of Moldova.

2. The Domain Name and Registrar

The disputed domain name [uniroyal.md] is registered with MoldData, SC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 11, 2020. On May 13, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 26, 2020, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint.

The Center sent an email communication to the Complainant on June 29, 2020, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on June 30, 2020.

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”).

On June 29, 2020, the Center sent an email in relation to the Language of Proceedings, to which the Respondent did not respond and the Complainant requested English to be the language of the proceedings.

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint in both Romanian and English, and the proceedings commenced on July 8, 2020. In accordance with the Rules, paragraph 5, the due date for Response was July 28, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on July 29, 2020.

The Center appointed Marilena Comanescu as the sole panelist in this matter on August 13, 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.

4. Language of the Proceedings

The Complainant has requested that the language of proceedings be English and the Respondent did not reply to the Center’s email related to the language of the proceedings, nor provided any Response in any language whatsoever.

Under paragraph 11 of the Rules, the language of the proceeding is the language of the registration agreement of the disputed domain name, unless both...