Decisión del Panel Administrativo nº DME2019-0010 of WIPO Arbitration and Mediation Center, November 23, 2019 (case Roger Vivier S.p.A. v. Lee Rose, Super Privacy Service LTD c/o Dynadot, Sara Cade, and Tonya Roxana)
| Resolution Date | November 23, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Montenegro (.me) |
The Complainant is Roger Vivier S.p.A., Italy, represented by Convey Srl, Italy.
The Respondents are Lee Rose, China, Super Privacy Service LTD c/o Dynadot, Sara Cade and Tonya Roxana, United States of America. For the reasons set out in section 6.A. below, for the purposes of the decision, the Panel will refer to the Respondents as a single Respondent.
The disputed domain names (collectively “Domain Names”) [rogervivieroutlet.me] and [rogervivierstore.me] are registered with Name.com, Inc. (Name.com LLC). The disputed domain names [rogerviviershop.me] and [rogerviviervip.me] are registered with NameCheap, Inc. The disputed domain name [rogerviviershoes.me] is registered with Dynadot (collectively the “Registrars”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 27, 2019. On September 27, 2019, the Center transmitted by email to the Registrars a request for registrar verification in connection with the Domain Names. On September 27, 29 and 30, 2019, the Registrars transmitted by email to the Center their verification responses disclosing registrant and contact information for the Domain Names which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on October 14, 2019 providing the registrant and contact information disclosed by the Registrars, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on October 15, 2019.
The Center verified that the Complaint together with the amended Complaint (hereafter 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 October 16, 2019. In accordance with the Rules, paragraph 5, the due date for Response was November 5, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 13, 2019.
The Center appointed Nicholas Smith as the sole panelist in this matter on November 21, 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 Italian company specializing in the production of high-end and luxury footwear. The Complainant’s business was started in 1937 in Paris by Roger Henri Vivier, a specialist footwear maker. The Complainant presently offers a range of luxury products such as shoes, bags and accessories. In 2018 the Complainant’s annual turnover was 179 million Euros.
The Complainant has held a trade mark registration for the word mark ROGER VIVIER (the “ROGER VIVIER Mark”) in various jurisdictions including an European Union trade mark for goods and services in classes 3, 9, 14, 16, 18, 20, 21, 24, 25, 26, 34, 35 and 42 with a registration date of October 17, 2008 (registration no. 006349138). The Complainant also uses, as part of its brand, a distinctive logo, consisting of the ROGER VIVIER Mark in slanted cursive font, above the word Paris (the “Roger Vivier Logo”).
The Domain Name [rogerviviershop.me] was registered on July 17, 2019. The Domain Name [rogerviviervip.me] was registered on August 26, 2019. The Domain Name [rogerviviershoes.me] was registered on June 11, 2019. The Domain Name [rogervivieroutlet.me] was registered on March 24, 2017. The Domain Name [rogervivierstore.me] was registered on September 20, 2016. Each of these Domain Names, prior to the Complainant first writing to the Respondent, resolved to strikingly similar websites (the “Respondent’s Websites”) that purported to offer the Complainant’s branded ROGER VIVIER footwear to the general public, including by reproducing the...
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