Decisión del Panel Administrativo nº D2014-1324 of WIPO Arbitration and Mediation Center, September 24, 2014 (case VFS Global Services Private Limited, VFS Bangladesh (Private) Limited v. Binary Quest, Ltd)
| Resolution Date | September 24, 2014 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainants are VFS Global Services Private Limited of Maharashtra, India (“the first Complainant”) and VFS Bangladesh (Private) Limited of Dhaka, the People's Republic of Bangladesh (“the second Complainant”), represented by Aditya & Associates, India.
The Respondent is Binary Quest, Ltd of Dhaka, the People's Republic of Bangladesh (“Bangladesh”).
The disputed domain name [vfsglobalcanada.net] is registered with GoDaddy.com, LLC. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 5, 2014. On August 5, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 5, 2014, 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. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amendment to the Complaint on August 9, 2014.
The Center verified that the Complaint together with the amendment to 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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on August 11, 2014. In accordance with the Rules, paragraph 5(a), the due date for Response was August 31, 2014. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 2, 2014.
The Center appointed Angela Fox as the sole panelist in this matter on September 10, 2014. 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 Complainants are Indian and Bangladeshi companies, respectively. They trade in the supply of global business process outsourcing and technology services to foreign embassies and diplomatic missions in India and other parts of the world. These include providing administrative support relating to the receipt and processing of visa applications. The first Complainant was incorporated in 2001 and serves diplomatic missions of 45 client governments in 113 countries worldwide, including Canada. It processes more than 3.5 million visas annually and operates out of 1,259 Visa Application Centers located in Asia, Africa, the Middle East and Europe. It has successfully processed over 79 million applications since its inception in 2001.
The Complainants have been conducting these activities under the trademarks VFS and VFS GLOBAL since 2002 and 2007, respectively. The Complainants own trademark registrations and applications for VFS and VFS GLOBAL in various forms in a number of countries, including Bangladesh. Annexed to the Complaint were details of the following registrations and applications in India and Bangladesh, specifically:
| | | | | |
| VFS | 35 | 1255698 | India | Registered |
| Trusted Outsourcing Partner to Diplomatic Missions worldwide | 9 | 1258199 | India | Registered |
| | 9 | 1455675 | India | Registered |
| | 9 | 1555893 | India | Registered |
| | 5 | 1555892 | India | Registered |
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