Decisión del Panel Administrativo nº D2018-0730 of WIPO Arbitration and Mediation Center, June 11, 2018 (case Original Senses Tourism and Entertainment Services Private Company v. Original Senses)
| Resolution Date | June 11, 2018 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Original Senses Tourism and Entertainment Services Private Company of Athens, Greece, represented by Vasileios Ikonomidis, Greece.
The Respondent is Original Senses of Ahmedabad, India, represented by Represented by kushal kothari, India.
The disputed domain name [originalsenses.net] (the “Disputed Domain Name”) is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 2, 2018. On April 3, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On April 4, 2018, the Registrar 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 Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on April 6, 2018. In accordance with the Rules, paragraph 5, the due date for Response was April 26, 2018. The Response was filed with the Center on May 1, 2018.
The Center appointed Nick J. Gardner as the sole panelist in this matter on May 16, 2018. 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 Rules, paragraph 7.
The Complainant is a Greek company. It provides travel and tourist services. It has been in business since 2008. It registered the domain names originalsenses.gr in 2008 and original senses.com in 2011. Web traffic directed at the latter domain is redirected to its website at “www.originalsenses.gr”. It has several trademark registrations for the words “original senses” (for example its earliest trademark which is Greek registration no D197437 applied for on April 11, 2008 and registered on November 2009in classes 39, 41 and 43). No information has been provided to the Panel as to the size of the Complainant’s business in either financial terms or as to numbers of customers. Whilst a section of its website is directed at holidays in Greece it quite clearly offers holidays in many worldwide destinations including in India. Its website is an impressive and professionally presented site which suggests it has an extensive business, although whether that is in fact the case cannot be determined on the material before the Panel. Its website appears to show it has a staff of at least 20 people.
It appears to the Panel that the Respondent “Original Senses” is a trading name for its principal who is a Mr. D. Badheka. He is a travel agent who was previously in business in India as a partner in a business called “Hallmark Elite”. He seems to have adopted the name “Original Senses” for his business at some stage in 2016. He is the registered proprietor of the Indian trademark described below. References to the “Respondent” in this decision are to him. The Respondent registered the Disputed Domain Name on November 5, 2016. The Disputed Domain Name is linked to a website promoting the Respondent’s travel agency business. The Respondent’s website offers bespoke holidays in many destinations around the world. No evidence has been provided as to the size of the business. The Respondent applied for two Indian trademarks in respect of the words Original Senses. The most relevant is for the words “Original Senses” on their own in class 39. That application was filed on February 10, 2017 and was issued as registration No 3479207 on September 11, 2017. It is referred to below as the “Indian trademark”.
On November 30, 2017 the Complainant sent a “cease and desist” letter to the Respondent. The Respondent replied on December 9, 2017 asserting that he was entitled to trade as “Original Senses”. A further letter from the Complainant was sent but matters did not advance.
The Complainant has field some evidence which shows that at least one of its trade customers identified the Respondent as trading as “Original Senses” and alerted the Complainant to this fact. Beyond this there is no other evidence of customer confusion.
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