Decisión del Panel Administrativo nº DAE2021-0010 of WIPO Arbitration and Mediation Center, September 17, 2021 (case Noon AD Holdings Ltd. v. Faizal Ahmed)

• Resolution Date: September 17, 2021
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Emiratos Árabes Unidos (.ae)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Noon AD Holdings Ltd. v. Faizal Ahmed

Case No. DAE2021-0010

1. The Parties

The Complainant is Noon AD Holdings Ltd., of United Arab Emirates (or “UAE”), represented by Talal Abu Ghazaleh Legal, Egypt.

The Respondent is Faizal Ahmed, of United Arab Emirates.

2. The Domain Name and Registrar

The disputed domain name [noonpay.ae] is registered with AE Domain Administration (.aeDA).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 5, 2021. On August 5, 2021, the Center transmitted by email to AE Domain Administration (.aeDA) a request for registrar verification in connection with the disputed domain name. On August 8, 2021, AE Domain Administration (.aeDA) transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.

The Center verified that the Complaint satisfied the formal requirements of the UAE Domain Name Dispute Resolution Policy for – UAE DRP approved by .aeDA (the “Policy”), the Rules for UAE Domain Name Dispute Resolution Policy – UAE DRP (the “Rules”), and the Supplemental Rules for UAE Domain Name Dispute Resolution Policy – UAE DRP (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on August 10, 2021. In accordance with the Rules, paragraph 5(a), the due date for Response was August 30, 2021. The Respondent filed a response with the Center on August 29, 2021 to which the Center acknowledged receipt.

The Center appointed Boghossian, Nayiri as panelists in this matter on September 6, 2021. The Panel finds that it was properly constituted. Each member of 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 was founded in 2016 in Dubai. It operates an e-commerce platform for various types of products serving the markets of the United Arab Emirates, Saudi Arabia, and Egypt. It is considered one of the largest e-commerce companies in its region. The Complainant operates an online payment platform under the name “noonpay”.

The Complainant owns many trademark registrations for the trademarks NOONPAY and NOON such as;

1. United Arab Emirates registration No. 256969 for the trademark NOONPAY registered on July 21, 2016,

2. Indian registration No. 3358279 for the trademark NOONPAY registered on September 8 2016,

3. Bahrain registration Nos. 11712 for the trademark NOONPAY and 117168 for the trademark NOON registered on August 31, 2016.

   The Complainant owns the domain name [noon.com] registered in 1998 and [noonpay.co] registered in 2017.

   The disputed domain name was registered by the Respondent on July 29, 2020 and does not resolve to an active website.

   5. Parties’ Contentions
   A. Complainant

   The Complainant contends that the disputed domain name is confusingly similar to the Complainant’s trademarks. The Complainant owns various trademark...