Decisión del Panel Administrativo nº D2011-1392 of WIPO Arbitration and Mediation Center, September 18, 2011 (case Raffles International Limited v. Vincent Chye, Ltd.)
Resolution Date | September 18, 2011 |
Issuing Organization | WIPO Arbitration and Mediation Center |
Decision | Transfer |
Dominio | Generic Domains |
The Complainant is Raffles International Limited of Raffles City, Singapore, represented by Ranjan Narula Associates, India.
The Respondent is Vincent Chye, Ltd. of Chiangmai, Thailand.
The disputed domain name is [rafflesspa.com] (the “Domain Name”) which is registered with GoDaddy.com, Inc.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 17, 2011. On August 17, 2011, the Center transmitted by email to GoDaddy.com, Inc. a request for registrar verification in connection with the Domain Name. On August 17, 2011, GoDaddy.com, Inc. transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. The Complainant filed an amendment to the Complaint on August 19, 2011.
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”), 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 August 22, 2011. In accordance with the Rules, paragraph 5(a), the due date for Response was September 11, 2011. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 12, 2011.
The Center appointed William P. Knight as the sole panelist in this matter on September 16, 2011. 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 Domain Name was registered to the Respondent on August 28, 2009.
The Complainant asserts and provides supporting information that it is the owner of and has a very substantial, worldwide reputation in the trade mark RAFFLES in many countries, and particularly throughout Asia. In support of these assertions, the Complainant states inter alia that:
(a) the Complainant’s business was established in 1887 with the establishment by its predecessors in title of the “Raffles” hotel in Singapore, which has established a substantial reputation as a destination in its own right in Singapore;
(b) there are now a number of hotels in Asia bearing the “Raffles” name, in Cambodia, China, Philippines, Indonesia, Maldives, and Seychelles, as well as elsewhere;
(c) the Complainant’s hotels all offer spa services, which are a very important part of the services they provide and are...
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