Decisión del Panel Administrativo nº D2020-1816 of WIPO Arbitration and Mediation Center, September 10, 2020 (case Raffinerie Tirlemontoise – Tiense Suikerraffinaderij v. Name Redacted)

Resolution DateSeptember 10, 2020
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Raffinerie Tirlemontoise – Tiense Suikerraffinaderij v. Name Redacted

Case No. D2020-1816

1. The Parties

Complainant is Raffinerie Tirlemontoise – Tiense Suikerraffinaderij, Belgium, represented by Gevers Legal NV, Belgium.

Respondent is Name Redacted.[1 ]

2. The Domain Name and Registrar

The disputed domain name [ibeneo.com] is registered with Domain.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 10, 2020. On July 13, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On July 13, 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 Complainant on July 22, 2020, providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant filed an amended Complaint on July 23, 2020.

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 Respondent of the Complaint, and the proceedings commenced on July 24, 2020. In accordance with the Rules, paragraph 5, the due date for Response was August 13, 2020. The Center received an informal email communication from a third party on July 27, 2020. Respondent did not submit any response. The Center notified the Parties on August 14, 2020, that it would proceed to panel appointment.

The Center appointed Stephanie G. Hartung as the sole panelist in this matter on August 27, 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 Rules, paragraph 7.

4. Factual Background

Complainant is a company organized under the laws of Belgium, which produces sugar for industry purposes as well as for every day consumption worldwide.

Complainant has provided evidence that it is the registered owner of various trademarks relating to the term “Beneo”, inter alia, the following:

- Word mark BENEO, European Union Intellectual Property Office (EUIPO), registration number: 016423006...

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