Decisión del Panel Administrativo nº DCO2020-0036 of WIPO Arbitration and Mediation Center, September 02, 2020 (case Monster Energy Company v. Sun West Media)

• Resolution Date: September 02, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Colombia (.co)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Monster Energy Company v. Sun West Media

Case No. DCO2020-0036

1. The Parties

The Complainant is Monster Energy Company, United States of America (“United States”), represented by Knobbe, Martens, Olson & Bear, LLP, United States.

The Respondent is Sun West Media, Mexico.

2. The Domain Name and Registrar

The disputed domain name [monsterenergy.co] is registered with Dynadot, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 11, 2020. On July 13, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 14, 2020, 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 July 14, 2020 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 17, 2020.

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 23, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 12, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 13, 2020.

The Center appointed Zoltán Takács as the sole panelist in this matter on August 21, 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.

The language of this administrative proceeding is English, that being the language of the Registration Agreement.

4. Factual Background

The Complainant is in the business of designing, creating, developing, marketing and selling beverages.

Since its launch in 2002, the Complainant has sold more than 28 billion cans of it MONSTER ENERGY drinks worldwide, and now sells approximately three billion cans per year worldwide.

By volume and dollar value, according to the Complainant, its MONSTER ENERGY drinks are one of the best-selling energy drinks in the United States..

The Complainant owns an extensive global portfolio of trademarks consisting of or comprising MONSTER ENERGY, including...