Decisión del Panel Administrativo nº D2018-1359 of WIPO Arbitration and Mediation Center, August 09, 2018 (case Yamaha Motor Corporation, U.S.A. v. Domain Admin, Hush Whois Protection Ltd.)

• Resolution Date: August 09, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Yamaha Motor Corporation, U.S.A. v. Domain Admin, Hush Whois Protection Ltd.

Case No. D2018-1359

1. The Parties

The Complainant is Yamaha Motor Corporation, U.S.A. of Kennesaw, Georgia, United States of America (“USA” or “US”), represented by Nelson Mullins Riley & Scarborough, L.L.P., USA.

The Respondent is Domain Admin, Hush Whois Protection Ltd. of Providence, Mahe, Seychelles.

2. The Domain Name and Registrar

The disputed domain name [yamaha-motors.com] is registered with Key-Systems GmbH dba domaindiscount24.com (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 19, 2018. On the same date, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 21, 2018, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the Respondent’s contact details. On June 27, 2018, the Complainant filed an amended Complaint with the Center.

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 June 28, 2018. In accordance with the Rules, paragraph 5, the due date for Response was July 18, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on July 19, 2018.

The Center appointed David Stone as the sole panelist in this matter on July 31, 2018. 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 a company (founded in 1977) incorporated in the USA and is a wholly owned subsidiary of Yamaha Motor Company Ltd, trading as Yamaha Hatsudoki Kabushiki Kaisa, a company incorporated in Japan (“the Complainant’s Parent”).

The Complainant’s Parent began making motorcycles in Japan under the Yamaha brand as early as 1995. Since its founding in 1977, the Complainant has been authorised to and has used the YAMAHA trade marks. The Complainant’s Parent is the registered owner of a large number of active trade marks comprising the wording “yamaha”, in the USA and elsewhere. These include the following US registrations (the “YAMAHA Trade Marks”):

- YAMAHA: US registration No. 688208, registered on November 17, 1959 in Nice class 12;

- YAMAHA: US registration No. 866762, registered on March 18...