Decisión del Panel Administrativo nº DNL2019-0042 of WIPO Arbitration and Mediation Center, November 27, 2019 (case Oiltanking Amsterdam B. V. v. Jacob Princewiill)

• Resolution Date: November 27, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Países Bajos (.nl)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Oiltanking Amsterdam B. V. v. Jacob Princewiill

Case No. DNL2019-0042

1. The Parties

The Complainant is Oiltanking Amsterdam B. V., the Netherlands, represented by Van Doorne N.V., the Netherlands.

The Respondent is Jacob Princewiill, Nigeria.

2. The Domain Names and Registrar

The disputed domain names [oiltankinglogistic.nl] and [oiltankinglogistics.nl] (the “Domain Names”) are registered with SIDN through PDR Ltd.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 18, 2019. On the same day, the Center transmitted by email to SIDN a request for registrar verification in connection with the Domain Names. On September 19, 2019, SIDN 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 Dispute Resolution Regulations for .nl Domain Names (the “Regulations”).

In accordance with the Regulations, articles 5.1 and 16.4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on October 1, 2019. In accordance with the Regulations, article 7.1, the due date for Response was October 21, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on October 24, 2019.

The Center appointed Wolter Wefers Bettink as the panelist in this matter on November 12, 2019. The Panel finds that it was properly constituted. The Panelist has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required to ensure compliance with the Regulations, article 9.2.

4. Factual Background

The Complainant is an independent operator of tank terminals for crude oil, petroleum products, chemicals, and gas under the name “Oiltanking” since 1972. It operates 71 terminals in 24 countries with a total storage capacity of 20 million cubic meters.

The Complainant owns various trade mark registrations worldwide, including

- Benelux trade mark OILTANKING, registered on June 1, 1988, first use claim: 1975, under No. 0154987;

- Benelux device mark OILTANKING, registered on June 1, 1988, first use claim: 1975, under No. 0154988;

- International device mark OILTANKING, registered on November 11, 2011, under No. 1116354;

hereafter together referred to as the “Trade Marks”.

The domain name [oiltankinglogistics.nl] was registered on January 17, 2019, and the domain name [oiltankinglogistic.nl] was registered on December 11, 2018.

The domain name [oiltankinglogistics.nl] resolves to a website (the...