Decisión del Panel Administrativo nº D2019-0111 of WIPO Arbitration and Mediation Center, March 13, 2019 (case Moomin Characters Oy Ltd v. Contact Privacy Inc. Customer 1242338952 / Jitesh Vassa)

Resolution DateMarch 13, 2019
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Moomin Characters Oy Ltd v. Contact Privacy Inc. Customer 1242338952 / Jitesh Vassa

Case No. D2019-0111

1. The Parties

The Complainant is Moomin Characters Oy Ltd of Helsinki, Finland, represented by Roschier Brands, Attorneys Ltd., Finland.

The Respondent is Contact Privacy Inc. Customer 1242338952 of Toronto, Ontario, Canada / Jitesh Vassa of Surbiton, United Kingdom, self-represented.

2. The Domain Name and Registrar

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

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 18, 2019. On January 18, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 18, 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. The Center sent an email communication to the Complainant on January 21, 2019 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 January 22, 2019.

The Center received various email communications from the Respondent between January 21, 2019 and February 18, 2019.

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 January 24, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 13, 2019. On February 11, 2019, the Respondent requested an extension of time for filing the Response. In accordance with the Rules, paragraph 5(b), the Respondent was granted an automatic four calendar day extension for the Response, and the due date for the Response was updated to February 18, 2019. The Response was filed with the Center on February 18, 2019.

The Center appointed Warwick A. Rothnie as the sole panelist in this matter on February 27, 2019. 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

Between 1945 and 1993, Ms Tove Jansson wrote a series of books and a comic strip featuring the fictional characters called Moomins who lived in Moomin Valley. Beginning in 1990, an animated television series called “Tales from Moomin Valley” was produced. It consisted of 104 episodes. The series was dubbed into English and aired in the United Kingdom in 1990 and 1991. According to the Complaint, the series was shown in over 60 countries around the world. The series was subsequently followed by a full-length movie, “Comet in Moominland”.

The Complainant is the successor in title to the rights arising from Ms Jansson’s works.

Sales of “Moomin” products generate a yearly retail value of USD 700 million. In 2017, License Global ranked “Moomin” as the 61st most valuable brand in the world. In addition to sales from online presences such as [moomin.com], [moomin.co.jp] and [moomin.co.kr], the Complainant has a few physical retail outlets in Finland, the United Kingdom, Japan, Republic of Korea, Thailand and Hawaii in the United States of America. According to information supplied by the...

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