Decisión del Panel Administrativo nº D2021-2439 of WIPO Arbitration and Mediation Center, October 13, 2021 (case MD Fonscare v. El Gu, El Gu)

• Resolution Date: October 13, 2021
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

MD Fonscare v. El Gu, El Gu

Case No. D2021-2439

1. The Parties

The Complainant is MD Fonscare, France, represented by Cabinet Bouchara, France.

The Respondent is El Gu, El Gu, France.

2. The Domain Name and Registrar

The disputed domain name [mdfonscare.com] (the “Domain Name”) is registered with Tucows Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 27, 2021. On July 27, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On July 27, 2021, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name, which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on August 9, 2021, 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 August 10, 2021.

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 Respondent of the Complaint, and the proceedings commenced on August 11, 2021. In accordance with the Rules, paragraph 5, the due date for Response was August 31, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 1, 2021.

The Center appointed Vincent Denoyelle as the sole panelist in this matter on September 29, 2021. 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 following facts are based on the submissions in the Complaint and the Annexes to the Complaint.

The Complainant is a French company specialized in the wholesale of medical and pharmaceutical products.

The Complainant is the owner of several trade marks for MD FONSCARE including the following:

- French Trade Mark (Word) MD FONSCARE No. 4372795 filed on June 30, 2017.

The Complainant is also the owner of the domain name [md-fonscare.fr] reflecting its trade mark.

The Domain Name was registered on April 16, 2021.

The Domain Name does not resolve to an active website.

5. Parties’ Contentions

A. Complainant

The Complainant contends that the Domain Name is identical to the MD...