Decisión del Panel Administrativo nº D2019-0878 of WIPO Arbitration and Mediation Center, July 09, 2019 (case Mr. Price Group Limited v. Registration Private, Domains By Proxy, LLC / Mr Price)
| Resolution Date | July 09, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Mr. Price Group Limited, South Africa, represented by Adams & Adams Attorneys, South Africa.
The Respondent is Registration Private, Domains By Proxy, LLC, United States / Mr Price, South Africa.
The disputed domain name [mrpricejobs.org] is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 17, 2019. On April 18, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 19, 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 2, 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 6 and 7, 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 20, 2019. In accordance with the Rules, paragraph 5, the due date for Response was June 9, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on June 12, 2019.
The Center appointed Archibald Findlay SC as the sole panelist in this matter on June 25, 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.
The Complainant is one of Southern Africa’s foremost retailers of clothing, footwear, fashion accessories, homeware and textiles. It trades not only in several African countries but also globally. It also operated 1,258 corporate-owned stores and 23 franchise stores.
The Complainant first used the trademark MR PRICE in 1985 and has since registered many trademarks throughout the world in at least 33 countries and the European Union on various continents, such as New Zealand trademark No. 239971 registered on December 1, 1997. It has put up a detailed schedule demonstrating that all the South African trademarks are current. All the trademarks, including the foreign registrations, incorporate the wordmark MR PRICE as the sole or dominant portion of the trademark.
The Complainant also owns the domain name [mrprice.co.za] which was registered in November 1997. The domain name resolves to the Complainant’s website “www.mrp.com”.
All these trademarks and the domain name [mrprice.co.za] predate the registration of the disputed domain name which, according to WhoIs, would have been on or after the creation date, namely, February 5, 2019.
The Complainant contends that, since 1985, it has built up a significant reputation and goodwill in its trademark and, as it has been registered in many countries throughout the world, it qualifies as a well-known trademark.
The Complainant further asserts that it has achieved international recognition of its mark which has been endorsed by it having been ranked as a finalist, on two occasions, in the World Retail Awards in the Emerging Market Retailer of the Year category.
The Complainant also refers to previous UDRP decisions in which panels have found that it did have rights.
The Complainant asserts further that, as the wordmark MR PRICE has been wholly incorporated into the disputed domain name, which not only introduces confusing similarity but exacerbates it to the extent of being identical.
Furthermore, it contends that the addition of a top-level domain does not negate the confusing similarity.
The Complainant alleges that the Respondent has not...
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