WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
Centro Europeu Profissoes E Idiomas Ltda. v. Wendy Webbe - Ancient Holdings, LLC
Case No. D2013-1243
1. The Parties
The Complainant is Centro Europeu Profissoes E Idiomas Ltda. of Curitiba, Paraná, Brazil, represented by Natan Baril, Brazil.
The Respondent is Wendy Webbe - Ancient Holdings, LLC of Charlestown, Saint Kitts and Nevis.
2. The Domain Name and Registrar
The disputed domain name <centroeuropeu.com> is registered with Gal Communications (CommuniGal) Ltd. d/b/a Galcomm (the “Registrar”).
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 10, 2013. On July 11, 2013, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. After several communications via e-mail, fax and phone calls, on August 4, 2008 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.
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(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on August 6, 2013. In accordance with the Rules, paragraph 5(a), the due date for Response was August 26, 2013. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 27, 2013.
The Center appointed Edoardo Fano as the sole panelist in this matter on September 2, 2013. 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 Panel has not received any requests from the Complainant or the Respondent regarding further submissions, waivers or extensions of deadlines, and the Panel has not found it necessary to request any further information from the Parties.
Having reviewed the communication records in the case file provided by the Center, the Panel finds that the Center has discharged its responsibility under the Rules, paragraph 2(a), “to employ reasonably available means calculated to achieve actual notice to Respondent”. Therefore, the Panel shall issue its Decision based upon the Complaint, the Policy, the Rules and the Supplemental Rules and without the benefit of a Response from the Respondent.
The language of the proceeding is English, being the language of the Registration Agreement as per paragraph 11(a) of the Rules.
4. Factual Background
The Complainant is Centro Europeu Profissoes E Idiomas Ltda., one of the main educational institutions in Brazil since 1991, owning the following trademark registration for CENTRO EUROPEU in Brazil:
- Brazilian Trademark Registration No. 820808750 for CENTRO EUROPEU and device, applied for in May 15, 1998 and registered on May 29, 2001.
The Complainant provided evidence in support of the above.
The disputed domain name <centroeuropeu.com> was registered on September 27, 2012. At the time of filing of the Complaint, the disputed domain name pointed to a webpage where the disputed domain name is offered for sale and there are several sponsored links, mainly related to the travelling field.
5. Parties’ Contentions
The Complainant states that the disputed domain name <centroeuropeu.com> is confusingly similar to its trademark CENTRO EUROPEU.
Moreover, the Complainant affirms that the Respondent has no rights or legitimate interests in respect of the disputed domain name since it has not been authorised by the Complainant to reserve the disputed domain name or to register and/or use its trademark within the disputed domain name and it is not commonly known by the disputed domain name.
The Complainant submits that the Respondent has registered and is using the disputed domain name in bad faith, since it was registered with the only purpose to resell it, while is using it to redirect consumers to other websites by benefiting from the reputation of the Complainant’s trademark.
On March 27, 2013 by courier and on April 2, 2013 by email the Complainant sent a warning letter to the Respondent, informing the latter about its trademark rights on the wording CENTRO EUROPEU and asking for the transferal of the disputed domain name; the Respondent did not reply to it.
The Respondent has made no formal substantive reply to the Complainant’s contentions and is in default; in reference to paragraphs 5(e) and 14 of the Rules, no exceptional circumstances explaining the default have been put forward.
A respondent is not obliged to participate in a proceeding under the Policy, but if it fails to do so, reasonable facts asserted by a complainant may be taken as true, and appropriate inferences by the panel, in accordance with paragraph 14(b) of the Rules, may be drawn (see also Reuters Limited v. Global Net 2000, Inc, WIPO Case No. D2000-0441; Microsoft Corporation v. Freak Films Oy, WIPO Case No. D2003-0109; SSL INTERNATIONAL PLC v. MARK FREEMAN, WIPO Case No. D2000-1080; ALTAVISTA COMPANY v. GRANDTOTAL FINANCES LIMITED et. al., WIPO Case No. D2000-0848; Confédération Nationale du Crédit Mutuel, Caisse Fédérale du Crédit Mutuel Nord Europe v. Marketing Total S.A., WIPO Case No. D2007-0288).
6. Discussion and Findings
Paragraph 4(a) of the Policy lists three elements, which the Complainant must satisfy in order to succeed:
(i) the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
(ii) the Respondent has no rights or legitimate interests in respect of the disputed domain name; and
(iii) the disputed domain name has been registered and is being used in bad faith.
A. Identical or Confusingly Similar
The Panel finds that the Complainant is the owner of the registered trademark CENTRO EUROPEU and device and that the disputed domain name <centroeuropeu.com> is confusingly similar to the trademark CENTRO EUROPEU.
It is also well accepted that a top-level domain suffix, in this case “.com”, may be ignored when assessing the confusing similarity between a trademark and a domain name (see, e.g., VAT Holding AG v Vat.com, WIPO Case No. D2000-0607).
The Panel finds that the Complainant has therefore met its burden of proving that the disputed domain name is confusingly similar to the Complainant’s trademark, pursuant to the Policy, paragraph 4(a)(i).
B. Rights or Legitimate Interests
The Respondent has failed to file a Response in accordance with the Rules, paragraph 5.
The Complainant in its Complaint and as set out above has established a prima facie case that the Respondent has no rights or legitimate interests in the disputed domain name. It asserts that the Respondent is not using the disputed domain name for a legitimate noncommercial or fair use or in connection with a bona fide offering of goods or services.
The prima facie case presented by the Complainant is enough to shift the burden of production to the Respondent to demonstrate that it has rights or legitimate interests in the disputed domain name. However, the Respondent has not presented any evidence of any rights or legitimate interests it may have in the disputed domain name.
The Panel therefore finds that paragraph 4(a)(ii) of the Policy has been satisfied.
C. Registered and Used in Bad Faith
Paragraph 4(b) of the Policy provides that “for the purposes of paragraph 4(a)(iii) of the Policy, the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that [the respondent has] registered or has acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that the complainant, for valuable consideration in excess of its documented out of pocket costs directly related to the domain name; or
(ii) that [the respondent has] registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that [the respondent has] engaged in a pattern of such conduct; or
(iii) that [the respondent has] registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) that by using the domain name, [the respondent has] intentionally attempted to attract, for commercial gain, Internet users to [the respondent’s] web site or other on‑line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of [the respondent’s] website or location or of a product or service on [the respondent’s] web site or location.”
As regards to the registration in bad faith of the disputed domain name, the registration of the Complainant’s trademark CENTRO EUROPEU has been proved and the Panel finds that the Respondent knew or must have known the Complainant and/or its trademark, especially because the disputed domain name is in Brazilian, the language of the Complainant, while the Respondent is based in an island where English is the official language: therefore, in this Panel’s opinion the disputed domain name was registered in bad faith.
As regards the use in bad faith, the website at the disputed domain name is a page with several links, possibly automatically generated, mainly referring to the travelling field.
The Complainant is an important educational institution in Brazil with many courses addressed to the touristic area.
Therefore, the Panel considers that this use of the website associated with the disputed domain name must be considered in bad faith since some of the links on the website at the disputed domain name, even in the case they are automatically generated, are referring to one of the main business activities of the Complainant and are therefore likely to create confusion. See also WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition ("WIPO Overview 2.0"), paragraph 3.4.
All of the above suggests to the Panel that the Respondent intentionally registered and is using the disputed domain name in order to attract, for commercial gain, Internet users to its website in accordance with paragraph 4(b)(iv) of the Policy.
The Panel finds that the Complainant has presented evidence to satisfy its burden of proof with respect to the issue of whether the Respondent has registered and is using the disputed domain name in bad faith.
The Panel therefore finds that paragraph 4(a)(iii) of the Policy has been satisfied.
For all the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name <centroeuropeu.com> be transferred to the Complainant.
Date: September 6, 2013