Decisión del Panel Administrativo nº D2012-0074 of Tribunal Arbitral de la OMPI, February 26, 2012 (case Denizbank A.S. v. Registration Private, Domains By Proxy, LLC / Kader Yilmaz)

Defense:Registration Private, Domains By Proxy, LLC / Kader Yilmaz
Resolution Date:February 26, 2012
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Transfer
Dominio:Generic Domains
SUMMARY

[denizbank.xxx]

 
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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Denizbank A.S. v. Registration Private, Domains By Proxy, LLC / Kader Yilmaz

Case No. D2012-0074

1. The Parties

The Complainant is Denizbank A.S. of Istanbul, Turkey, represented by Istanbul Patent & Trademark Consultancy Ltd., Turkey.

The Respondent is Registration Private, Domains By Proxy, LLC of Scottsdale, Arizona, United States of America / Kader Yilmaz of Antalya, Turkey.

2. The Domain Name and Registrar

The disputed domain name [denizbank.xxx] is registered with Go France Domains, Inc.

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 17, 2012. On January 18, 2012, the Center transmitted by email to Go France Domains, Inc. a request for registrar verification in connection with the disputed domain name. On January 18, 2012, Go France Domains, Inc. 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 January 20, 2012 providing the registrant and contact information disclosed by Go France Domains, Inc., and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on January 25, 2012.

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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on January 26, 2012. In accordance with the Rules, paragraph 5(a), the due date for Response was February 15, 2012. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 16, 2012.

The Center appointed Kaya Köklü as the sole panelist in this matter on February 20, 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 is well-known Turkish bank founded in 1938, providing a large variety of financial services since more than seventy (70) years.

The Complainant is the registered owner of more than one hundred (100) national trademarks comprising the mark DENIZBANK. The first DENIZBANK trademark registration in Turkey dates back to the year 1997. Most of the Complainant’s DENIZBANK trademarks cover protection for financial and security services.

The Complainant has also registered and operates its trademark DENIZBANK as a domain name under [denizbank.com.tr] since January 18, 2000.

The original Respondent named in the Complaint was Registration Private, Domains By Proxy, LLC, but the registrar Go France Domains, Inc. subsequently disclosed that the registrant of the disputed domain name is Kader...

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