Decisión del Panel Administrativo nº D2012-1445 of WIPO Arbitration and Mediation Center, August 21, 2012 (case G.F.P. limited company v. Whoisproxy.com Ltd. / Director Galib Gahramanov, G Domains)

• Resolution Date: August 21, 2012
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

G.F.P. limited company v. Whoisproxy.com Ltd. / Director Galib Gahramanov, G Domains

Case No. D2012-1445

1. The Parties

The Complainant is G.F.P. limited company of Chartres, France, represented internally.

The Respondent is Whoisproxy.com Ltd. of Auckland, New Zealand / Director Galib Gahramanov, G Domains of Baku, Azerbaijan.

2. The Domain Name and Registrar

The disputed domain name [xn--plansant-i1a.com] is registered with Key-Systems GmbH dba domaindiscount24.com (“the Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 17, 2012. On July 17, 2012, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 18, 2012, 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 the Complainant on July 18, 2012 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on July 19, 2012.

The Center verified that the Complaint together with the amended 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on July 20, 2012. In accordance with the Rules, paragraph 5(a), the due date for Response was August 9, 2012. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 10, 2012.

The Center appointed Marilena Comanescu as the sole panelist in this matter on August 15, 2012. 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

The Complainant, which is a French insurance company, is the holder of the French word mark for PLANSANTÉ No. 53376433 registered since August 12, 2005 for services in classes 35, 36, 38 and 42. Also, the Complainant operates its official website at “www.plansante.com”.

The disputed domain name was registered on July 8, 2011.

From the Panel’s searches[1], the Respondent Galib Gahramanov had registered several other domain names incorporating third parties trademarks and it was involved in five other UDRP procedures as respondent, all used for sponsored links and decided in the favor of the complainants (see Merck KGaA v. c/o whoisproxy.com Ltd / Galib Gahramanov, G Domains,[WIPO Case No. D2011-1271] for the domain name [merckde.com]; M.F.H. Fejlesztõ Korlátolt Felelõsségû v. Galib Gahramanov,[WIPO Case No. D2012-1249] for the domain name [initimissimi.com]; International Bancshares Corporation v P-GTG1502 / G Domains / Galib Gahramanov, NAF Claim No. 1407423 for the domain name [ibcbanklogin.com]; Transamerica Corporation v G Domains / Director Galib Gahramanov, NAF Claim No. 1433703 for the domain name [transamericannuities.com]; and Baylor University v G Domains c/o Director Galib Gahramanov, NAF Claim No. 1442941 for the...