Decisión del Panel Administrativo nº DIR2020-0013 of WIPO Arbitration and Mediation Center, September 07, 2020 (case Merz Pharma GmbH & Co. KgaA v. Izak Sedighpour)

• Resolution Date: September 07, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Irán (.ir)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Merz Pharma GmbH & Co. KgaA v. Izak Sedighpour

Case No. DIR2020-0013

1. The Parties

The Complainant is Merz Pharma GmbH & Co. KgaA, Germany, represented by Saba & Co. IP, Lebanon.

The Respondent is Izak Sedighpour, Mavi Soft Azarbaijan Co., Islamic Republic of Iran.

2. The Domain Name and Registrar

The disputed domain name [merz.ir] is registered with IRNIC.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 15, 2020. On July 15, 2020, the Center transmitted by email to IRNIC a request for registrar verification in connection with the disputed domain name. On July 18, 2020, IRNIC transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.

The Center verified that the Complaint satisfied the formal requirements of the .ir Domain Name Dispute Resolution Policy (the “Policy” or “irDRP”), the Rules for .ir Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for .ir Domain Name Dispute Resolution Policy (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on July 27, 2020. In accordance with the Rules, paragraph 5(a), the due date for Response was August 16, 2020. On August 17, 2020, the Center notified the Respondent’s default.

The Center appointed Adam Taylor as the sole panelist in this matter on August 24, 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. Factual Background

The Complainant is a German pharmaceutical company with affiliates across the European Union as well as in the United States of America, Canada, Mexico, Brazil and the Asia Pacific region.

The Complainant owns many registered trade marks for MERZ including Iranian Trade Mark No. 48757, filed October 28, 2006, registered October 29, 2007, in classes 3, 5, and 10.

According to IRNIC, the Respondent registered the disputed domain name on December 3, 2018.

The Respondent has used the disputed domain name for a website branded “MERZ.IR” and which offered the disputed domain name is for sale.

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