Decisión del Panel Administrativo nº D2021-0558 of WIPO Arbitration and Mediation Center, May 10, 2021 (case Westinghouse Electric Corporation v. Sakir Saleem, As Service Centre)

• Resolution Date: May 10, 2021
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Westinghouse Electric Corporation v. Sakir Saleem, As Service Centre

Case No. D2021-0558

1. The Parties

The Complainant is Westinghouse Electric Corporation, United States of America (“United States”), represented by ALG India Law Offices LLP, India.

The Respondent is Sakir Saleem, As Service Centre, United States.

2. The Domain Name and Registrar

The disputed domain name [whitewestinghouse-servicecenterinmumbai.com] (the “Disputed Domain Name”) 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 February 23, 2021. On February 23, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On February 23, 2021, 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 clarification request by the Center, the Complainant filed an amended Complaint on March 18, 2021.

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 March 18, 2021. In accordance with the Rules, paragraph 5, the due date for Response was April 7, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on April 9, 2021.

The Center appointed Lynda M. Braun as the sole panelist in this matter on April 26, 2021. 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, a wholly owned subsidiary of ViacomCBS Inc., is a manufacturer of electrical equipment worldwide. Founded as the Westinghouse Electric Company in 1886, the Complainant was renamed as Westinghouse Electric Corporation in 1889. Today, the Complainant is a diversified international company that manufactures and sells home appliances, electronics, and lighting.

The Complainant owns numerous trademark registrations for WESTINGHOUSE, WHITE-WESTINGHOUSE, and the W logo, for various goods, including washing machines and dryers, refrigerators, freezers, wine coolers, air conditioners and dehumidifiers, for example the United States trademark WHITE-WESTINGHOUSE, Registration No. 3192678, registered on...