Decisión del Panel Administrativo nº D2001-1101 of WIPO Arbitration and Mediation Center, October 18, 2001 (case Nokia Corporation vs. Nokia Ringtones & Logos Hotline)

• Judge: Wolter Wefers Bettink
• Resolution Date: October 18, 2001
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Nokia Corporation v Nokia Ringtones & Logos Hotline

Case No. D2001-1101

1. The Parties

   The Complainant is NOKIA CORPORATION, a corporation organised under the laws of Finland, having its principal place of business in Espoo (P.O. Box 226, 00045 Nokia Group), Finland and represented by Tuukka Airaksinen, ("the Complainant").

   The Respondent is NOKIA RINGTONES & LOGO HOTLINE, an owner-operator business belonging to Mr. Glenn Clowes of 18 Portland Drive, The Rock, Telford, Shropshire TF3 5EW, United Kingdom and represented by D. Saunders Esq. ("the Respondent").

2. The Domain Name and Registrar

   The domain name at issue is . The Registrar is Melbourne IT, trading as Internet Names WorldWide (INWW), Level 2, 120 King Street, Melbourne, Victoria 3000, Australia ("the Registrar").

3. Procedural History

   The complaint was submitted electronically with the World Intellectual Property Organization Arbitration and Mediation Center (The "WIPO Center") on September 5, 2001. The hardcopy under cover of a letter of the same date was received on September 10, 2001, ("the Complaint"). An Acknowledgement of Receipt was sent by the WIPO Center to the Complainant dated September 5, 2001.

   On September 7, 2001, a Request for Register Verification was transmitted to the Registrar. On September 10, 2001, the Registrar confirmed by e-mail that the domain name is registered with the Registrar and that the Respondent is the current registrant of that domain name.

   On September 11, 2001, a Notification of Complaint and Commencement of Administrative Proceedings (the "Commencement Notification") was transmitted by email and by courier to the Respondent, setting a deadline of October 1, 2001, by which the Respondent could make a response to the Complaint.

   On September 21, 2001, the Respondent submitted its response by email to the WIPO Center. The hard copy under cover of a letter of the same date was received on September 25, 2001, ("the Response"). An email was sent to the WIPO Center by Mr. Glenn Clowes on September 24, 2001.

   On September 24, 2001, the case manager at the WIPO Center sent the Respondent a Response Deficiency Notification, stating that the Response did not contain the full statement specified in the Rules, paragraph 5 (b) (viii).

   On September 25, 2001, Respondent submitted an amended Response by email.

   On October 5, 2001, the WIPO Center sent a Notification of Appointment of Administrative Panel and projected decision date by email to the parties, in which Wolter Wefers Bettink was appointed as the Sole Panelist.

4. Factual Background

   On the basis of the documents submitted by the parties the following facts can be established as agreed between parties or insufficiently disputed.

   The Complainant is the owner of the trademark NOKIA, which has been registered worldwide, amongst others in the United Kingdom and the European Union (GB Reg. No. 1526042, registered February 6, 1993 and CTM Reg. Nos. 340836, registered September 9, 1998 and 871194, registered March 24, 2000).

   Respondent is an owner-operator business selling ringtones and other products and services to mobile phone owners. Respondent has registered the domain name on January 9, 2001.

   The Complainant summoned the Respondent on April 2, 2001, to stop offering Nokia logos, to stop using the mark NOKIA as a name for his products and services and to transfer the domain name . In reaction to this letter Respondent removed the infringing material from his website and redirected it to . Respondent did not, however, transfer the domain name to Complainant. On August 20, 2001, Complainant summoned Respondent once more to transfer the domain name .

5. Applicable Rules

   Paragraph 4...