Decisión del Panel Administrativo nº DEU2021-0021 of WIPO Arbitration and Mediation Center, September 24, 2021 (case Naval Group v. Ové Asche)
| Resolution Date | September 24, 2021 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Country domains |
The Complainant is Naval Group, France, represented by PROMARK, France.
The Respondent is Ové Asche, France.
The Registry of the disputed domain name [naval-group.eu] is the European Registry for Internet Domains (“EURid” or the “Registry”). The Registrar of the disputed domain name is OVH SAS.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 24, 2021. On June 24, 2021, the Center transmitted by email to the Registry a request for registrar verification in connection with the disputed domain name. On June 30, 2021, the Registry 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 5, 2021, providing the registrant and contact information disclosed by the Registry, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on July 9, 2021.
The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the “.eu” Alternative Dispute Resolution Rules (the “ADR Rules”) and the World Intellectual Property Organization Supplemental Rules for “.eu” Alternative Dispute Resolution Rules (the “Supplemental Rules”).
In accordance with the ADR Rules, Paragraph B(2), the Center formally notified the Respondent of the Complaint and the amended Complaint, and the proceedings commenced on July 14, 2021. In accordance with the ADR Rules, Paragraph B(3), the due date for Response was August 25, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 30, 2021.
The Center appointed Christiane Féral-Schuhl as the sole panelist in this matter on September 3, 2021. 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 ADR Rules, Paragraph B(5).
The Complainant is a French company created on January 31, 2002, and which is specialized in the construction of ships and floating defense structures.
The Complainant is the European leader in the military naval sector and is established in 18 countries.
For the purpose of its activities, the Complainant is the owner of several trademarks (hereafter the “NAVAL GROUP Trademark”), amongst which:
- The European Union Trademark (“EUTM”) NAVAL GROUP, registration No. 016541039, registered on October 23, 2017, in classes 7, 9, 11, 12, 13, 37, 38, 40, 41 and 42;
- The EUTM NAVAL GROUP POWER AT SEA, registration No. 016541021, registered October 23, 2017, in classes 7, 9, 11, 12, 13, 37, 38, 40, 41 and 42.
The Complainant also owns the [naval-group.com] domain name, registered on December 2, 2018, and which leads to its official website.
The disputed domain name [naval-group.eu] was registered by the Respondent on November 26, 2020.
At the time of filing the Complaint, the disputed domain name pointed to the Complainant’s official website.
At the time of the decision, the disputed domain name directs users to an error page.
The Panel is requested to transfer the disputed domain name to the Complainant.
In accordance with the ADR Rules, Paragraph B(1)(b), the legal and factual elements on which the Complainant relies are set out below.
First, the Complainant stands that the disputed domain name is...
To continue reading
Request your trial