Decisión del Panel Administrativo nº DSE2019-0034 of WIPO Arbitration and Mediation Center, November 08, 2019 (case Mistral International B.V. v. A. B., Bergtoft Konsult AB)

• Resolution Date: November 08, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Suecia (.se)

WIPO Arbitration and Mediation Center

Alternative Dispute Resolution (ADR)

Case No. DSE2019-0034

1. Petitioner

The Petitioner is Mistral International B.V., Netherlands, represented by Inaday Merken B.V, Netherlands.

2. Domain Holder

The Domain Holder is A. B. trading under the name Bergtoft Konsult AB, Sweden.

3. Domain Names and Procedural History

This Alternative Dispute Resolution relates to the domain names [mistralboards.se], [mistral-boards.se], [mistralwindsurfing.se], [mistral-windsurfing.se], [mistralvindsurfing.se] and [mistral-vindsurfing.se] (”Domain names”).

This Petition was filed under the Terms and Conditions of registration (the “.se Policy”) and the Instructions governing Alternative Dispute Resolution proceeding for domain names in the top-level domain .se (the “.se Rules”).

The WIPO Arbitration and Mediation Center (“the Center”) verified that the Petition satisfied the formal requirements of the .se Policy and the .se Rules. In accordance with Section 13 of the .se Rules, the Center formally notified the Domain Holder of the Petition on September 9, 2019. The Domain Holder submitted a response on October 8, 2019 and the Petitioner submitted additional material on October 11, 2019. Lastly, the Domain Holder submitted additional material on October 21, 2019.

The Center appointed Peter Hedberg as the sole Arbitrator in this matter on October 9, 2019. The Arbitrator has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with Section 1 of the .se Rules.

4. Background

The Domain names were registered by the Domain Holder on the following dates:

[mistral-boards.se] was registered on February 18, 2019, [mistralboards.se] on May 4, 2018,

[mistralwindsurfing.se] on May 20, 2015, [mistral-windsurfing.se], on May 20, 2015,

[mistralvindsurfing.se] on May 20, 2015 and [mistral-vindsurfing.se] on May 20, 2015.

The Domain names resolve to parking pages.

The Petitioner is a Dutch company owning several trademarks for the word MISTRAL, comprising i.e. products for watersports activities such as windsurfing.

5. Claim

The Petitioner has requested that the Domain names shall be transferred to the Petitioner.

The Domain Holder has opposed the Petitioner’s claim.

6. Facts of the Case / Parties Contentions

A. Petitioner

The disputed Domain names were registered more than 20 years after the domain name, [mistral.com] of the...