Decisión del Panel Administrativo nº D2019-2521 of Tribunal Arbitral de la OMPI, December 02, 2019 (case Volkswagen Group of America, Inc. v. Super Privacy Service Ltd. c/o Dynadot)
|Defense:||Super Privacy Service Ltd. c/o Dynadot|
|Resolution Date:||December 02, 2019|
|Issuing Organization:||Tribunal Arbitral de la OMPI|
Complainant is Volkswagen Group of America, Inc., United States of America (“United States” or “U.S.”), represented by Phillips Ryther & Winchester, United States.
Respondent is Super Privacy Service Ltd. c/o Dynadot, United States.
The disputed domain name [drivebigger.com] is registered with Dynadot, LLC (the “Registrar”).
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 Respondent is listed as the registrant and providing the contact details.
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 Respondent of the Complaint, and the proceedings commenced on October 17, 2019. In accordance with the Rules, paragraph 5, the due date for Response was November 6, 2019. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on November 7, 2019.
The Center appointed Georges Nahitchevansky as the sole panelist in this matter on November 15, 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.
Complainant, Volkswagen Group of America, Inc., is a wholly owned subsidiary of Volkswagen AG, a leading automobile manufacturer. Complainant houses the U.S. operations of a worldwide family of automobile brands including Audi, Bentley, Bugatti, Lamborghini, and Volkswagen, as well as VW Credit, Inc. On May 7, 2019, Complainant filed an intent-to-use application to register the mark and slogan DRIVE BIGGER in the United States (Serial No. 88418321) in connection with motor vehicles, motor vehicle parts, and a range of other related goods. At some point shortly thereafter, Complainant launched a national advertising campaign in the United States featuring the mark and slogan DRIVE BIGGER...
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