Decisión del Panel Administrativo nº D2014-2024 of WIPO Arbitration and Mediation Center, January 21, 2015 (case YPF S.A. v. Domain Admin, Privacy Protection Service Inc d/b/a PrivacyProtect.org / Gaston Eduardo Chaves)

• Resolution Date: January 21, 2015
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

YPF S.A. v. Domain Admin, Privacy Protection Service Inc d/b/a PrivacyProtect.org / Gaston Eduardo Chaves

Case No. D2014-2024

1. The Parties

The Complainant is YPF S.A. of Buenos Aires, Argentina, represented by Richards, Cardinal, Tutzer, Zabala & Zaeferrer, Argentina.

The Respondent is Domain Admin, Privacy Protection Service Inc d/b/a PrivacyProtect.org of Nobby Beach, Queensland, Australia / Gaston Eduardo Chaves of Buenos Aires, Argentina.

2. The Domain Name and Registrar

The disputed domain name [serviclubypf.net] is registered with PDR Ltd. d/b/a PublicDomainRegistry.com (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on November 17, 2014. On November 18, 2014, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 19, 2014, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on November 24, 2014, 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 November 25, 2014.

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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on November 27, 2014. In accordance with the Rules, paragraph 5(a), the due date for Response was December 17, 2014. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 18, 2014.

The Center appointed Antonio Millé as the sole panelist in this matter on January 12, 2015. 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

A. Complainant

It is a fact of public knowledge for any Argentinean that YPF is short for “Yacimientos Petrolíferos Fiscales” (“State Oilfields”) and that this entity it is an old oil company with gas stations practically in all the locations and routes of the country. It is hard to imagine a person in Argentina ignoring such circumstance and that those that buy products or services in these gas stations receive point for a “rewards program” or “loyalty program” called “Serviclub”.

As per the Complainant’s allegations, YPF “has a market share of 35% in Argentina in the oil and gas segment and employs almost 45,000 people directly and indirectly […] YPF Trademarks are extremely well known in Argentina and other South American countries […] appears in TV commercials, advertisements in newspapers, webpages and magazines, billboards in the streets, etc.” As stated by the Complainant, the YPF Serviclub Program “is very popular and widely known in Argentina […] it includes more than 700,000 active participants. […] YPF had a significant number of gas stations across the country holding the YPF trademarks, as well as an intense deployment of advertising for the corporate name and the YPF Serviclub program.”

With the copies annexed to the Complaint, the Complainant proved that it is the owner of YPF, SERVICLUB and YPF SERVICLUB / SERVICLUB YPF trademarks, duly registered in Argentina, as the following chart shows:

Trademark	Class	Registration No.	Date of registration
YPF	9	2413953	December 6, 2000
YPF	14	2413970	December 6, 2000
YPF	4	2427354	March 9, 2001
YPF	31	2241493	August 5, 2008
YPF	32	2241494	August 5, 2008
YPF	35	2241497	August 5, 2008
YPF	36	2241498	August 5, 2008
YPF	38	2241499	August 5, 2008
YPF	39	2241500	August 5, 2008
YPF	37	2241

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