Decisión del Panel Administrativo nº D2019-2050 of WIPO Arbitration and Mediation Center, October 15, 2019 (case The Citco Group Limited v. Domains By Proxy, LLC / Carolina Rodrigues, Fundacion Comercio Electronico)
| Resolution Date | October 15, 2019 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is The Citco Group Limited, Cayman Islands, Overseas Territory of the United Kingdom, represented by Stobbs, United Kingdom.
The Respondent is Domains By Proxy, LLC, United States of America / Carolina Rodrigues of Fundacion Comercio Electronico, Panama.
The disputed domain name [citcobankonline.com] is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 21, 2019. On August 22, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 23, 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 due to use of a WHOIS privacy service. The Center sent an email communication to the Complainant on August 26, 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 August 29, 2019 that identified the new registrant and contact information disclosed by the Registrar.
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 August 30, 2019. In accordance with the Rules, paragraph 5, the due date for Response was September 19, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 20, 2019.
The Center appointed Clark W. Lackert as the sole panelist in this matter on October 1, 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 has requested that the proceeding be conducted in the English language. The record shows that the language of the registration agreement is English, and use of the English language in this proceeding has not been contested by the Respondent. Accordingly, this decision is being issued in the English language.
The Complainant provides a wide range of financial advisory, investment, funding, accounting, and ancillary services under its CITCO trade name and trademark. The Complainant has been using CITCO as an indication of source since at least as early as 1948 when its company was established in the Cayman Islands to serve a multinational and private clientele.
The record shows that the Complainant currently manages over USD 1 trillion worth of client assets and maintains 60 offices in 45 countries around the world. Its services are extensively promoted under its CITCO mark, and it owns and maintains multiple domain names composed solely of its CITCO mark or composed by combining its CITCO mark with descriptive terms that relate to its goods and services such as bank, fund, and securities. In addition, the Complainant has registered its CITCO mark in word, stylized, and design forms in multiple jurisdictions around the world for goods and services in International Classes 9, 35, 36, and 42. Amongst others, the Complainant has trademark rights for CITCO, registration No. 766347, registered on March 27, 2019. These registrations reflect the financial advisory...
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