Decisión del Panel Administrativo nº D2019-1145 of WIPO Arbitration and Mediation Center, July 17, 2019 (case MOTUL v. Admon, Sani Cermaic)

• Resolution Date: July 17, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

MOTUL v. Admon, Sani Cermaic

Case No. D2019-1145

1. The Parties

The Complainant is MOTUL, France, represented by ORDIPAT, France.

The Respondent is Admon, Sani Cermaic, Nigeria.

2. The Domain Name and Registrar

The disputed domain name [motul.live] is registered with PDR Ltd. d/b/a PublicDomainRegistry.com (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 17, 2019. On May 17, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On May 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 May 24, 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 May 28, 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 May 29, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 18, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on June 19, 2019.

The Center appointed Luiz Edgard Montaury Pimenta as the sole panelist in this matter on July 1, 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

The Complainant is the international French company MOTUL, active in the sector of oil and lubricants for more than 160 years. The Complainant formulates, produces and sells motor vehicles lubricants in more than 100 countries.

The Complainant is the owner of more than 144 trademark registrations for the MOTUL mark throughout the world, including registrations no. 1712391, registered before the National Institute of Industrial Property (INPI) since 1991 [motul.com], and registration in several jurisdictions, including European Union, France, Brazil, and Australia.

The Complainant is also the registrant of a large number of domain names, such as [motul.com] and [motul.fr] and others, registered since May 28, 1998.

The Respondent did not file a formal Response, and, therefore, very little information is known about the Respondent.

The disputed...