Decisión del Panel Administrativo nº D2019-2522 of WIPO Arbitration and Mediation Center, November 28, 2019 (case UNIQA Insurance Group AG v. Emir Kurtovic, Agencija Raptor)

Resolution DateNovember 28, 2019
Issuing OrganizationWIPO Arbitration and Mediation Center
DecisionTransfer
DominioGeneric Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

UNIQA Insurance Group AG v. Emir Kurtovic, Agencija Raptor

Case No. D2019-2522

1. The Parties

The Complainant is UNIQA Insurance Group AG, Austria, represented by Schönherr Rechtsanwälte GmbH, Austria.

The Respondent is Emir Kurtovic, Agencija Raptor, Serbia.

2. The Domain Name and Registrar

The disputed domain name [uniqa.company] is registered with GoDaddy.com, LLC (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 15, 2019. On October 15, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 16, 2019, 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. The Center sent an email communication to the Complainant on October 17, 2019, providing the additional registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant sent an email informing the Center of its intention not to amend the Complaint on October 21, 2019.

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 of the Complaint, and the proceedings commenced on October 22, 2019. In accordance with the Rules, paragraph 5, the due date for Response was November 11, 2019. The Center received two emails from the Respondent on October 22, 2019.

The Center appointed Assen Alexiev as the sole panelist in this matter on November 14, 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 is an insurance company based in Vienna, Austria, and operates under the brand UNIQA since 1998. Together with its subsidiaries it forms the UNIQA Group, which consists of 40 companies in 18 countries and serves almost 10 million customers, and is one of the leading insurance groups in Austria and Central and Eastern Europe, including in Serbia.

The Complainant is the owner of the following trademark registrations for the sign “UNIQA” (the “UNIQA trademark”):

- the Austrian trademark UNIQA with registration No. 179703, registered on December 22, 1998, for services in International Class 36; and

- the European Union trademark UNIQA with registration No. 001132174, registered on August 16, 2000, for services in International Class 36.

The Complainant’s principal websites are located at the domain names [uniqa.at] and [uniqagroup.com].

The disputed domain name was registered on August 9, 2019. It resolves to a website that shows finance and economy related news articles.

5. Parties’ Contentions

A. Complainant

The Complainant submits that the disputed domain name is identical to the UNIQA trademark, as it integrates the trademark in its entirety.

According to the Complainant, the Respondent has no rights or legitimate interests in the disputed domain name, as it has no rights in the UNIQA trademark and there is no relationship between the Parties that would entitle the Respondent to use the UNIQA...

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