Decisión del Panel Administrativo nº D2020-2061 of Tribunal Arbitral de la OMPI, October 14, 2020 (case Winter Holding GmbH & Co. KG v. Dmitrii Makarov)
|Resolution Date:||October 14, 2020|
|Issuing Organization:||Tribunal Arbitral de la OMPI|
The Complainant is Winter Holding GmbH & Co. KG, Germany, represented by Bardehle Pagenberg, Germany.
The Respondent is Dmitrii Makarov, Ukraine.
The disputed domain name [bettybarclay.store] (the “Domain Name”) is registered with Registrar of Domain Names REG.RU LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 4, 2020. On August 4, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On August 5, 2020, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint.
The Registrar confirmed that the language of the Registration Agreement for the Domain Name is Russian. On August 17, 2020, the Center sent an email communication in both English and in Russian to the Parties regarding the language of the proceeding. On August 18, 2020, the Complainant submitted its request for English to be the language of the proceeding. The Respondent did not object to the Complainant’s request.
The Center sent an email communication to the Complainant on August 17, 2020, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on August 18, 2020.
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 in both Russian and English, and the proceedings commenced on August 27, 2020. In accordance with the Rules, paragraph 5, the due date for Response was September 16, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 17, 2020.
The Center appointed Olga Zalomiy as the sole panelist in this matter on September 24, 2020.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 Complainant is a women’s outerwear company based in Nußloch, Germany.
The Complainant owns the following registrations for the BETTY BARCLAY trademark:
- International Registration No. 1434800 registered on September 24, 2018;
- International Registration No. 378147 registered on April 6, 1971;
- International Registration No. 1445068 registered on September 26, 2018.
The Respondent registered the Domain Name on July 8, 2020. The Domain Name resolves to an online store that offers for sale heavily discounted purported BETTY...
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