Decisión del Panel Administrativo nº D2021-0903 of WIPO Arbitration and Mediation Center, May 10, 2021 (case OVH v. Mohamed Nagar)
| Resolution Date | May 10, 2021 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is OVH, France, represented by Herald, France.
The Respondent is Mohamed Nagar, Egypt.
The disputed domain name [ovh-managed.com] is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on March 25, 2021. On March 25, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On March 26, 2021, 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, 2021. In accordance with the Rules, paragraph 5, the due date for Response was April 26, 2021. The Respondent submitted a Response on April 8, 2021. The Center notified the commencement of Panel appointment process on April 27, 2021.
The Center appointed John Swinson as the sole panelist in this matter on May 4, 2021. 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 cloud-computing business located in France that operates internationally. It also provides domain name registration, Internet telephony and data hosting services. The Complainant’s primary website is located at “www.ovh.com”. The Complainant uses “OVHcloud” as the brand for its cloud-computing services on the Complainant’s website.
The Complainant owns a registration trademark in the United States of America (“United States” or “U.S.”) for OVH, being U.S. Registration No. 4,177,556 with a registration date of July 24, 2012.
The Complainant also owns a United States trademark registration for OVHCLOUD, being U.S. Registration No. 6,082,258 with a registration date of June 23, 2020.
The Complainant has other trademark registrations and applications.
The Respondent did not file a formal Response. However, he submitted an email on April 8, 2021
The disputed domain name was registered on January 28, 2020.
The website at the disputed domain name promotes and sells cloud computing services. This website uses the terms...
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