Decisión del Panel Administrativo nº D2016-2295 of WIPO Arbitration and Mediation Center, February 09, 2017 (case Think Schuhwerk GmbH v. Helmut Eder, Modern Tech Limited International)

• Resolution Date: February 09, 2017
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Think Schuhwerk GmbH v. Helmut Eder, Modern Tech Limited International

Case No. D2016-2295

1. The Parties

The Complainant is Think Schuhwerk GmbH of Kopfing, Austria, represented by Gail & Kollegen, Germany.

The Respondent is Helmut Eder, Modern Tech Limited International of London, United Kingdom of Great Britain and Northern Ireland ("United Kingdom").

2. The Domain Name and Registrar

The disputed domain name [thinkschuhe.net] (the "Disputed Domain Name") is registered with RegistryGate GmbH (the "Registrar").

3. Procedural History

The Complaint was filed in English with the WIPO Arbitration and Mediation Center (the "Center") on November 10, 2016. On November 11, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 14, 2016, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details and that the language of the registration agreement is German.

The Registrar indicated on November 14, 2016 that the Disputed Domain Name was in redemption period status, upon a request for clarification by the Center, the Registrar indicated that the Respondent attempted to delete the Disputed Domain Name on November 11, 2016. Between November 16 and December 19, 2016, the Complainant, Registrar and Center engaged in a series of communications regarding the restoration of the Disputed Domain Name pursuant to paragraph 3.7.5.7. of the Registrar Accreditation Agreement. On December 19, 2016, the Registrar confirmed that the Disputed Domain Name had been restored.

On December 23, 2016, the Center sent an email communication to the Parties in both German and English regarding the language of the proceeding. On December 27, 2016, the Complainant requested that English be the language of the proceeding. The Respondent made no submission in this regard.

The Center verified that 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...