Decisión del Panel Administrativo nº D2017-1154 of Tribunal Arbitral de la OMPI, August 01, 2017 (case Playtech Software Limited v. Diego Torres, Play Technologies S.A.S)
|Actor:||Playtech Software Limited|
|Defense:||Diego Torres, Play Technologies S.A.S|
|Resolution Date:||August 01, 2017|
|Issuing Organization:||Tribunal Arbitral de la OMPI|
The Complainant is Playtech Software Limited of Douglas, Isle of Man, United Kingdom of Great Britain and Northern Ireland (“United Kingdom”), represented by Linklaters, London, United Kingdom.
The Respondent is Diego Torres, Play Technologies S.A.S of Cali, Colombia, represented by Sebastian Miranda Consultoria Juridica, Colombia.
The disputed domain name [playtechla.com] (the “Domain Name”) is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 13, 2017. On June 13, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On June 13, 2017, 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. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amendment to the Complaint on June 27, 2017.
The Center verified that the Complaint together with the amended Complaint (hereafter 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 June 28, 2017. In accordance with the Rules, paragraph 5, the due date for Response was July 18, 2017. On July 18, 2017, the Respondent asked for an automatic 4−day extension of the deadline to file the Response which was granted pursuant to paragraph 5(b) of the Rules. The Response was filed with the Center on July 19, 2017.
On July 25, 2017 the Complainant filed a document entitled “Complainant’s Observations on Respondent’s Response dated July 18, 2017”, which amounted to submissions in response to the Response. On August 2, 2017, the Respondent filed a similar document that commented on the Complainant’s Observations. The Panel has exercised its discretion to admit both Supplemental Filings.
The Center appointed Nicholas Smith as the sole panelist in this matter on July 28, 2017. 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 United Kingdom company that provides online gaming software, which it has done so since 1999. In 2016 the Complainant and its affiliates earned revenue of approximately EUR 708 million.
The Complainant has registered numerous trade marks that consist of the word “playtech” (the “PLAYTECH Mark”) and has traded under the PLAYTECH Mark for a number of years. In particular the Complainant has registered the PLAYTECH Mark as a trade mark in the European Union (Registration Number 005447669, applied for on November 8, 2006 and registered on November 26, 2007) and the United States of America (“United States”) (Registration Number 3625113, applied for on November 7, 2006 and registered on May 26, 2009). On May 16, 2017 the Complainant filed an international trade mark registration for the PLAYTECH Mark designating Colombia which is opposed by the Respondent. The Complainant also has registered in the United States and European Union a device mark that consists of the PLAYTECH Mark and a graphic element, similar to a play button (the “Complainant’s Logo”). An affiliate of the Complainant has owned the [playtech.com] domain name since March 2000.
The Domain Name [playtechla.com] was registered on July 25, 2008 and used for email addresses and for a website (the “Respondent’s Website”). The Respondent’s Website is the official website for the Respondent, Play Technologies S.A.S, of Cali, Colombia. The Respondent was found on June 1, 2004 and offers various IT products and services, including a portfolio of apps and software products specifically for...
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