Decisión del Panel Administrativo nº D2019-0160 of WIPO Arbitration and Mediation Center, March 12, 2019 (case Reindl Gesellschaft m.b.H. v. Stanley Pace)
| Resolution Date | March 12, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Complaint denied |
| Dominio | Generic Domains |
The Complainant is Reindl Gesellschaft m.b.H. of St. Willibald, Austria, represented by The Dr. Johannes Öhlböck LL.M, Austria.
The Respondent is Stanley Pace of Washougal, Washington, United States of America (“US”), represented by Law Office of Howard M. Neu, PA, US.
The disputed domain name [reindl.com] (the “Disputed Domain Name”) is registered with DropCatch.com 885 LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 24, 2019. On January 24, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On the same date, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.
The Center verified that 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on February 1, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 21, 2019. The Response was filed with the Center on February 20, 2019.
The Center appointed Nick J. Gardner as the sole panelist in this matter on March 1, 2019. 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 Complainant is an Austrian company, which manufactures protective clothing and workwear and associated products. Its website is linked to the domain name [reindl.at]. The Complainant owns Austrian trademark No, 181737, for the word “reindl” registered on April 21, 1999 (the “REINDL trademark”.).
The Respondent is a dealer in domain names. The Disputed Domain Name was registered on June 15, 2016. It is linked to a website (the “Respondent’s Website”) which contains pay-per-click (“PPC”) links. None of these links have any relevance to the Complainant or its business.
The Complainant says the Disputed Domain Name is identical to the REINDL trademark.
The Complainant says that the Respondent has no rights or legitimate interests in respect of the Disputed Domain Name.
The Complainant says that the Disputed Domain Name has been registered and used in bad faith. The Complainant says the Disputed Domain Name was acquired primarily for the purpose of selling the Disputed Domain Name registration to the owner of the trademark and to the owner of the website “www.reindl.at” for valuable consideration in excess of the Respondent’s out-of-pocket costs directly...
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