Decisión del Panel Administrativo nº DSE2019-0019 of WIPO Arbitration and Mediation Center, July 11, 2019 (case Sonoma Internet GmbH v. NAE Group Sweden AB, J. P.)

• Resolution Date: July 11, 2019
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer with Accelerated Proceeding
• Dominio: Suecia (.se)

WIPO Arbitration and Mediation Center

Alternative Dispute Resolution Proceeding

Accelerated Proceeding

Case No. DSE2019-0019

1. Petitioner

The Petitioner is Sonoma Internet GmbHofGermany, self-represented.

2. Domain Holder

The Domain Holder is NAE Group Sweden AB, J. P., of Sweden.

3. Domain Name and Procedural History

This Alternative Dispute Resolution proceeding relates to the Domain Name [amorelie.se].

This Petition was filed under the Terms and Conditions of registration (the “.se Policy”) and the Instructions governing Alternative Dispute Resolution proceeding for domain names in the top-level domain .se (the “.se Rules”).

The WIPO Arbitration and Mediation Center (“the Center”) verified that the Petition satisfied the formal requirements of the .se Policy and the .se Rules. In accordance with Section 13 of the .se Rules, the Center formally notified the Domain Holder of the Petition on May 22, 2019. The Domain Holder did not submit any response and, accordingly, the Center notified the Domain Holder's default on June 27, 2019.

The Center appointed Petter Rindforth as the sole Arbitrator in this matter on July 1, 2019. The Arbitrator has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with Section 1 of the .se Rules.

4. Factual Background

The Petitioner is an e-commerce company for erotic products, based in Germany, and the owner of the European Union trade mark (EUTM) No. 011966686 AMORELIE (word), filed on July 9, 2013, and registered on November 14, 2013 for goods and services in classes 5, 10 and 35.

The Domain Name [amorelie.se] was registered on November 17, 2014, in the name of the Domain Holder. On May 14, 2019, the Petitioner filed a Petition, electing to have the dispute decided as an Accelerated Proceeding if the Domain Holder does not respond to the Petition.

5. Claim

The Petitioner claims that the Domain Name [amorelie.se] shall be transferred to the Petitioner.

6. Parties’ Contentions

A. Petitioner

The Petitioner is the owner of the European Union trade mark AMORELIE, registered in 2013, and has since then marketed the trademark on an international level. Therefore, the Domain Name is identical or similar to a name which is legally recognized in Sweden and to which the Petitioner can prove its rights. The Petitioner is one of the biggest e-commerce companies for erotic products in Germany, Austria...