Decisión del Panel Administrativo nº DPW2019-0001 of WIPO Arbitration and Mediation Center, February 26, 2019 (case OSRAM GmbH v. ziinex22 zinnex, zinnex INC)

• Resolution Date: February 26, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Palaos (.pw)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

OSRAM GmbH v. ziinex22 zinnex, zinnex INC

Case No. DPW2019-0001

1. The Parties

Complainant is OSRAM GmbH of Munich, Germany, represented by Hofstetter, Schurack & Partner, Germany.

Respondent is ziinex22 zinnex, zinnex INC of Barcelona, Spain.

2. The Domain Name and Registrar

The disputed domain name [osarm.pw] is registered with NameCheap, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 7, 2019. On January 7, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On the same date, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to Complainant on January 11, 2019, providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amendment to the Complaint on January 15, 2019.

The Center verified that the Complaint together with the amendment to 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 Respondent of the Complaint, and the proceedings commenced on January 17, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 6, 2019. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on February 7, 2019.

The Center appointed David Perkins as the sole panelist in this matter on February 19, 2019. 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.

4. Factual Background

4.A Complainant

4. A.1 Complainant belongs to and is the operative company of OSRAM Licht AG, which was founded in Germany in 1919. It is an international joint stock company and has its headquarters in Munich. Complainant employs...