Decisión del Panel Administrativo nº D2018-1366 of WIPO Arbitration and Mediation Center, August 10, 2018 (case Mecenat Aktiebolag v. C/O Alpnames Limited / Edouard)

Resolution DateAugust 10, 2018
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Mecenat Aktiebolag v. C/O Alpnames Limited / Edouard

Case No. D2018-1366

1. The Parties

The Complainant is Mecenat Aktiebolag of Gothenburg, Sweden, represented by Setterwalls Advokatbyra, Sweden.

The Respondent is C/O Alpnames Limited of Gibraltar, Overseas Territory United Kingdom of Great Britain and Northern Ireland / Edouard of Saint-Denis, Mayotte, France.

2. The Domain Name and Registrar

The disputed domain name [mecenat.vip] is registered with AlpNames Limited (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 19, 2018. On June 19, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 20, 2018, 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 the same date 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 July 2, 2018.

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 July 3, 2018. In accordance with the Rules, paragraph 5, the due date for Response was July 23, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on July 24, 2018.

The Center appointed Antony Gold as the sole panelist in this matter on July 27, 2018. 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 Swedish limited liability company, based in Gothenburg, Sweden. Its business is providing discounts and associated benefits for students throughout Scandinavia. It does so through a student discount platform, hosted at its website at “www.mecenat.com”, and by use of a student discount card called “Mecenatkortet”, that is the “Mecenat card”. The Complainant states that its Mecenat card has 1.8 million users across Scandinavia and, of those, 930,000 are students in Sweden.

The Complainant owns a number of registered trade marks for MECENAT, including the following:

- European Union Trade Mark No. 005668521 for MECENAT (word mark), registered on May 21, 2008 in classes 9, 35, and 36;

- Swedish Trade Mark No. 350736 for MECENAT (word mark), registered on December 7, 2001, in classes 16, 35, 36, 38, and 41; and

- Swedish Trade Mark No. 390603 for MECENATKORTET (figurative mark), registered on August 17, 2007 in classes 9 and 36.

The disputed domain name was registered on June 5, 2016. As at May 28, 2018, the pay-per-click links were in Swedish and related to goods and services such as Free MP3, Comviq Subscription, and student card.

As at June 15, 2018, it resolved to two different parking pages displaying pay-per-click links to third party websites. The links to one page were in Russian script and related to, amongst other goods and services, the download of free music, create a website, cars, investments, real estate, photographs, and air tickets. The other parking page contained links, in Spanish, to goods and services such as English lessons, fast food, medieval dinners, and special dinners.

On October 10, 2017, the representatives for the Complainant...

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