Decisión del Panel Administrativo nº DUA2020-0017 of WIPO Arbitration and Mediation Center, August 27, 2020 (case Projectclub v. Whois Privacy Protection Service / Volodymyr Zabolotovskiy, TOVARYSTVO Z OBMEZHENOYU VIDPOVIDALNISTYU “RCG”)

• Resolution Date: August 27, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Ucrania (.ua)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Projectclub v. Whois Privacy Protection Service / Volodymyr Zabolotovskiy, TOVARYSTVO Z OBMEZHENOYU VIDPOVIDALNISTYU “RCG”

Case No. DUA2020-0017

1. The Parties

The Complainant is Projectclub, of France, represented by Scan Avocats AARPI, France.

The Respondent is Whois Privacy Protection Service / Volodymyr Zabolotovskiy, TOVARYSTVO Z OBMEZHENOYU VIDPOVIDALNISTYU “RCG”, Ukraine.

2. The Domain Name and Registrar

The disputed domain name [easybreath.com.ua] (the “Disputed Domain Name”) is registered with Internet Invest, Ltd. dba Imena.ua. (the “Registrar”).

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) on June 4, 2020. On June 4, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On June 5, 2020, 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 June 18, 2020, 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 June 22, 2020.

The Registrar confirmed that the language of the Registration Agreement for the Disputed Domain Name is Ukrainian. On June 8, 2020, the Center sent an email communication in both English and in Ukrainian to the Parties regarding the language of the proceeding. On June 22, 2020, the Complainant requested the language of the proceeding to be English. The Respondent did not submit any comments on the language of the proceeding.

The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of .UA Domain Name Dispute Resolution Policy (the “.UA Policy”), the Rules for .UA Domain Name Dispute Resolution Policy (the “.UA Rules”), and the WIPO Supplemental Rules for .UA Domain Name Dispute Resolution Policy (the “WIPO Supplemental Rules”).

In accordance with the .UA Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint in both English and Ukrainian, and the proceedings commenced on July 2, 2020. In accordance with the .UA Rules, paragraph 5(a), the due date for Response was July 23, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on July 27, 2020.

The Center appointed Mariya Koval as the sole panelist in this matter on August 13, 2020. 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 .UA Rules, paragraph 7.

4. Factual Background

The Complainant is a subsidiary of company Decathlon. Decathlon, registered in 1980, is one of the largest French manufacturers and retailers of sport equipment and sport accessories in the world, operating more than 1520 stores in 54 countries. The Complainant employs more than 85,000 staff from 80 different nationalities. In 2018, it has annual sales of nearly EUR 11.3 billion. Decathlon designs and manufactures several lines of its own which are marketed under twenty dedicated “Passion Brands”. As such, the Tribord brand is dedicated to water sports and the Subea brand is dedicated to diving among which is an innovative snorkeling mask under the trademark EASYBREATH (the “EASYBREATH Trademark”).

The Complainant is the owner of numerous EASYBREATH Trademark registrations, however for the purposes of its Complaint it pointed out two Trademark registrations:

- French trademark EASYBREATH No. 4053624, filed on December 10, 2013 in respect of goods in classes 9, 25, 28;

- International trademark EASYBREATH No. 1227496, registered on June 10, 2014 in respect of goods in classes 9, 25, 28;

The Complainant operates the domain name [easybreath.fr] (and approximately other 40 domain names), which was registered on October 23, 2013, for promoting its reputation and products on the Internet.

The products under the Complainant’s EASYBREATH Trademark, namely innovative...