Decisión del Panel Administrativo nº D2000-1769 of WIPO Arbitration and Mediation Center, February 05, 2001 (case Neusiedler Aktiengesellschaft (NAG) v. Vinayak Kulkarni)

• Resolution Date: February 05, 2001
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Complaint denied
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

NEUSIEDLER AKTIENGESELLSCHAFT v. VINAYAK KULKARNI

Case No. D2000-1769

1. The Parties

   The Complainant in this administrative proceeding is NEUSIEDLER AKTIENGESELLSCHAFT, having its principal place of business at Kelsenstrasse 7, A- 1032 Vienna, Austria ("Complainant") represented by office Wulf Gordian Hauser KEG, Attorneys at Law L.L.P., Domgasse 4, A-1010 Vienna, Austria.

   The Respondent is VINAYAK KULKARNI, an individual, with an address at 31 Sahawas Society, Pune, Maharashtra 411052, India ("Respondent").

2. The Domain Name(s) and Registrar(s)

   This dispute concerns the domain name [neusiedler.com] ("Domain Name") registered with BulkRegister.com, Inc., 7 East Redwood Street, Third floor, Baltimore, MD 21202, USA ("BulkRegister.com" or "Registrar").

3. Procedural History

   A complaint ("Complaint") pursuant to the Uniform Domain Name Dispute Resolution Policy implemented by the Internet Corporation for Assigned Names and Numbers ("ICANN") on October 24, 1999 ("Policy"), the Rules for Uniform Domain Name Dispute Resolution Policy implemented by ICANN on the same date ("Rules") and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy, in effect as of December 1, 1999 ("Supplemental Rules") was submitted to the World Intellectual Property Organization Arbitration and Mediation Center ("WIPO Center") December 19, 2000, by e-mail and was received on December 22, 2000 in hardcopy. On December 21, 2000 the WIPO Center sent an acknowledgement of Receipt of the Complaint to Complainant.

   On December 26, 2000, a Request for Registrar Verification was transmitted to the Registrar which confirmed by Verification Response of December 26, 2000, that the disputed Domain Name was registered with BulkRegister.com, that Respondent was the current registrant and that the Policy is in effect.

   The Panel independently determines that the Complaint is in formal compliance with applicable Requirements.

   No formal deficiencies having been recorded, a Notification of the Complaint and Commencement of Administrative Proceeding was sent to Respondent on December 28, 2000, setting a deadline of January 16, 2001 by which Respondent could file a Response to Complaint.

   On January 16, 2001, the WIPO Center received by e-mail the Response. Furthermore on January 17, 2001 the WIPO Center received from Respondent a hardcopy of Civil Suit against Complainant in the court of Civil Judge, Pune, Maharshtra, India bearing No.R.C.S.No.42/2001. The Panel has not received any further information about that proceeding. The Panel has decided for this administrative proceeding according to the Rules, Paragraph 18 (b) to proceed to a decision.

   On January 16, 2001, the WIPO Center acknowledged receipt of the Response by e-mail on January 16, 2001.

   On January 19, 2001, in view of Complainant’s designation of a sole panelist, the WIPO Center invited Dr. Bernhard F. Meyer-Hauser to serve as panelist in this case and transmitted to him a Statement of Acceptance and Request for Declaration of Impartiality and Independence.

   Having received Dr. Meyer-Hauser’s Statement on January 22, 2001, the WIPO Center transmitted to the parties a Notification of Appointment of Administrative Panel and Projected Decision Date, in which Dr. Meyer-Hauser was formally appointed as the Sole Panelist. The projected decision date was February 5, 2001. The Administrative Panel finds that it was properly constituted and appointed in accordance with the Policy, the Rules and the Supplemental Rules.

   On January 29, 2001 the WIPO Center informed the parties by e-mail that the Panel decided not to consider further submissions in the present case.

4. Factual Background

   Complainant is a Austrian company operating in the pulp and paper industry. It is registered in the commercial register of the republic of Austria under the company name "Neusiedler Aktiengesellschaft".

   Complainant is the holder of the Austrian Trademark "Neusiedler" (registration no. 9309) for the production and the distribution of paper and pulp as well of goods made from paper (class No. 27) with priority as of April 6, 1939.

   In February 24, 2000, Respondent registered with BulkRegister.com the Domain Name which is at the center of this dispute.

5. Parties’ Contentions

   1. Complainant

      Complainant contends that the Domain Name is identical to a trademark in which Complainant has rights, that Respondent has no rights or legitimate interests with respect to the Domain...