Decisión del Panel Administrativo nº D2020-1445 of WIPO Arbitration and Mediation Center, August 03, 2020 (case Siemens AG v. WhoisGuard, Inc. / Scott A. Davis)
| Resolution Date | August 03, 2020 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Siemens AG, Germany, represented by Müller Fottner Steinecke Rechtsanwälte PartmbB, Germany.
The Respondent is WhoisGuard, Inc., Panama / Scott A. Davis, Unites States of America.
The disputed domain name [siemens-healthiner.com] is registered with NameCheap, Inc. (the “Registrar”).
The Complaint[1 ] was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 5, 2020. On June 5, 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 8, 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 9, 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 the Respondent of the Complaint, and the proceedings commenced on June 15, 2020. In accordance with the Rules, paragraph 5, the due date for Response was July 5, 2020. Due to an apparent issue with the notification, the Center indicated to the Respondent on July 3, 2020 that the Response due date was July 5, 2020, and if the Respondent would like to participate to the proceeding, it should indicate so to the Center. The Respondent did not reply to the Center’s email of July 3, 2020 nor did the Respondent submit any response. Accordingly, the Center notified the Respondent’s default on July 6, 2020.
The Center appointed Knud Wallberg as the sole panelist in this matter on July 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 Rules, paragraph 7.
The Complainant is one of the world’s largest electrical engineering and electronic companies, which provides its services in 190 countries.
The Complainant owns numerous trademarks consisting the term SIEMENS, such as the International Trademark Registration No. 637074, registered on March 31, 1995 under classes 1, 3, 5 to 12, 14, 16, 17, 20, 21, 28, 35 to 38, 40 to 42 and whose scope of protection notably extends to the Unites States of America.
The Complainant also owns trademarks consisting the term HEALTHINEERS, such as the International Trademark Registration...
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