Decisión del Panel Administrativo nº D2018-2157 of WIPO Arbitration and Mediation Center, November 20, 2018 (case Merial v. VisaPrint Technologies c/o Vistaprint North American Services Corp.)

Resolution DateNovember 20, 2018
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Merial v. VisaPrint Technologies c/o Vistaprint North American Services Corp.

Case No. D2018-2157

1. The Parties

The Complainant is Merial of Lyon, France, represented by Cabinet Regimbeau, France.

The Respondent is VisaPrint Technologies of Lakeshore, Ontario, Canada.

2. The Domain Name and Registrar

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

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 21, 2018.

On September 21, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On September 21, 2019 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.

On September 27, 2018, the Center sent an email communication to the Complainant 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 September 28, 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 October 2, 2018. In accordance with the Rules, paragraph 5, the due date for Response was October 22, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 25, 2018.

The Center appointed James Bridgeman as the sole panelist in this matter on November 6, 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 producer of animal health products including pharmaceutical drugs and vaccines and is the owner of a portfolio of trademark registrations including:

- French trademark MERIAL, registration number 96646056, registered on October 10 1996, for goods in classes 5, 9, 10 and 16;

- European Union trademark MERIAL, registration number 000507962, registered on January 19, 1999, for goods in class 5;

- International trademark MERIAL, registration number 672420, registered on March 20, 1997, for goods in classes 5, 9, 10, 16 and 31;

- Canadian trademark MERIAL, registration number 536205, registered on October 31, 2000, for goods in classes 5, 7, 9, 10, 16, 28, 29 and 31.

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