Decisión del Panel Administrativo nº D2021-2493 of WIPO Arbitration and Mediation Center, October 14, 2021 (case Plus500 Ltd. v. Plus Choice)

• Resolution Date: October 14, 2021
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Plus500 Ltd. v. Plus Choice

Case No. D2021-2493

1. The Parties

The Complainant is Plus500 Ltd., Israel, represented by Herzog, Fox & Neeman, Israel.

The Respondent is Plus Choice, Nigeria.

2. The Domain Name and Registrar

The disputed domain name [plus500cy.com] (the “Domain Name”) is registered with Hosting Concepts B.V. d/b/a Openprovider (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 2, 2021. On August 3, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On August 4, 2021, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name, which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on August 5, 2021, 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 August 10, 2021.

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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on August 12, 2021. In accordance with the Rules, paragraph 5, the due date for Response was September 1, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 15, 2021.

The Center appointed Jon Lang as the sole panelist in this matter on October 1, 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.

4. Factual Background

The Complainant is listed on the London Stock Exchange and together with its subsidiaries, (the “Group”) is a leading online provider of Contracts for Difference (“CFDs”). The Group’s offering is available internationally with a significant presence in the United Kingdom (“UK”), Australia, the European Economic Area (“EEA”) and the Middle East. It has customers located in over 50 countries.

The Group has several regulated, wholly-owned subsidiaries which have been granted licences by regulators in the UK, Australia, Cyprus, Israel, New Zealand, South Africa, Singapore, and the Seychelles. One such subsidiary is Plus500CY Ltd, which is authorized and regulated in Cyprus by the Cyprus Securities and Exchange Commission (“CySEC”) (registration number 250/14). Plus500CY Ltd is authorized to offer its services in the EEA on a cross-border basis.

The Group provides its services, inter alia, through applications on Apple’s App Store and Google Play as well as through various websites, including “www.plus500.com” (the “Complainant’s Website”).

The Complainant and members of its Group are proprietors of many registrations and applications for word and figurative marks that include the term “PLUS500” in, inter alia, the European Union, UK, United States of America, Israel, Australia, Japan, New Zealand and China (the “PLUS500 Marks”), including the following registered trademarks for PLUS500: Israel Patent Office trademark number 310600, registered April 1, 2019, and Australian Intellectual Property Office trademark number 1522930, registered August 7, 2013.

The Complainant has invested a great deal of time and money in developing the Complainant’s Website and all content available thereon, including marketing and promotional materials, photos, designs...