Decisión del Panel Administrativo nº D2021-0119 of WIPO Arbitration and Mediation Center, March 03, 2021 (case smava GmbH v. WhoisGuard Protected, WhoisGuard, Inc. / David Mark Baddeley, Paloma Digital Limited)

Resolution DateMarch 03, 2021
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionCancellation
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

smava GmbH v. WhoisGuard Protected, WhoisGuard, Inc. / David Mark Baddeley, Paloma Digital Limited

Case No. D2021-0119

1. The Parties

The Complainant is smava GmbH, Germany, represented internally

The Respondent is WhoisGuard Protected, WhoisGuard, Inc., Panama / David Mark Baddeley, Paloma Digital Limited, United Kingdom.

2. The Domain Name and Registrar

The disputed domain name [ansmava.com] is registered with NameCheap, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 15, 2021. On January 15, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 15, 2021, 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 January 18, 2021, 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 amendment to the Complaint on January 18, 2021.

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” 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 January 22, 2021. In accordance with the Rules, paragraph 5, the due date for Response was February 11, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 12, 2021.

The Center appointed Wilson Pinheiro Jabur as the sole panelist in this matter on February 23, 2021. 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

The Complainant exploits a loan comparison portal in Germany since 2006. It is the owner, amongst others, of the following trademark registrations (Annex 1 to the Complaint):

- German Trademark Registration No. DE30562188 for SMAVA, filed on October 21, 2005, and registered on...

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