Decisión del Panel Administrativo nº D2004-1049 of WIPO Arbitration and Mediation Center, February 08, 2005 (case Moncler S.p.A. vs. Bestinfo)

• Judge: Dr. Thomas Legler
• Resolution Date: February 08, 2005
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Moncler S.p.A. v. Bestinfo

Case No. D2004-1049

1. The Parties

   The Complainant is Moncler S.p.A., Milan, Italy, represented by Studio Legale Jacobacci e Associati, Italy.

   The Respondent is Bestinfo, Texas, United States of America.

2. The Domain Name and Registrar

   The disputed domain name is registered with R&K Global Business Services, Inc. d/b/a 000Domains.com.

3. Procedural History

   The Complaint was filed with the WIPO Arbitration and Mediation Center (the ?Center?) on December 13, 2004. On December 13, 2004, the Center transmitted by email to R&K Global Business Services, Inc. d/b/a 000Domains.com a request for registrar verification in connection with the domain name at issue. On December 13, 2004, R&K Global Business Services, Inc. d/b/a 000Domains.com transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details for the administrative, billing, and technical contact.

   The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the ?Policy?), 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on December 17, 2004. In accordance with the Rules, Paragraph 5(a), the due date for Response was January 6, 2004. The Respondent did not submit any response. Accordingly, the Center notified the Respondent?s default on January 10, 2005.

   The Center appointed Thomas Legler as the Sole Panelist in this matter on January 25, 2005. 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 leading Italian company in the field of sportswear and the owner of the trademark ?MONCLER? in many countries of the world (Annex 1).

   It has been the holder of the international trademark ?MONCLER? (No. 269298) since 1963 in classes 20, 22, 24 and 25 (Annex 2). Furthermore, it has been the registrant of the US Trademark No. 803943 since 1964 in class 39 (Annex...