Decisión del Panel Administrativo nº D2019-1294 of Tribunal Arbitral de la OMPI, August 07, 2019 (case Subsea 7 Limited v. c/o WHOIStrustee.com Limited, Registrant of subsea7uae.com / Vendor Donald)

Defense:c/o WHOIStrustee.com Limited, Registrant of subsea7uae.com / Vendor Donald
Resolution Date:August 07, 2019
Issuing Organization:Tribunal Arbitral de la OMPI
Decision:Transfer
Dominio:Generic Domains
SUMMARY

[subsea7uae.com]

 
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WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Subsea 7 Limited v. c/o WHOIStrustee.com Limited, Registrant of subsea7uae.com / Vendor Donald

Case No. D2019-1294

1. The Parties

The Complainant is Subsea 7 Limited, United Kingdom, represented by Keltie LLP, United Kingdom.

The Respondent is c/o WHOIStrustee.com Limited, Registrant of subsea7uae.com, United Kingdom / Vendor Donald, United States of America (“United States”).

2. The Domain Name and Registrar

The disputed domain name [subsea7uae.com] is registered with 1API GmbH (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 6, 2019. On June 6, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 7, 2019, 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 18, 2019, 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 20, 2019.

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 25, 2019. In accordance with the Rules, paragraph 5, the due date for Response was July 15, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on July 16, 2019.

The Center appointed James Bridgeman as the sole panelist in this matter on July 25, 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.

4. Factual Background

The Complainant carries on an international business providing engineering services and is the proprietor of a substantial portfolio of registrations containing the term SUBSEA 7 or subsea 7 including:

- United Kingdom Trade Mark Registration No. UK00002304950 for SUBSEA 7 (Series of 6), registered on April 21, 2006;

- European Union (“EU”) Trade Mark Registration No. 011426335 for SUBSEA 7, registered on May 13, 2013;

- International Registration No. 1147789 for SUBSEA 7, registered on December 14, 2012, registered on December 14, 2012, designating registered protection in Australia, Norway, New Zealand, Singapore, Switzerland, the Russian Federation, and the United States;

- EU Trade Mark Registration No. 011426426 for SUBSEA 7 logo, registered on May 13, 2013;

- International Registration No. 1147588 for SUBSEA 7, registered on December 14, 2012, designating registered protection in Australia...

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